Woman's malpractice claim arising out of negligent placement of morphine pain pump is dismissed, because it was filed one day early
In Barbara Zwiers' case against Dr. Sean Growney, the Court of Appeals finished the reversal and dismissal ordered by the Michigan Supreme Court when it affirmed summary judgment against her this week. The Court had previously ruled that she could amend her pleadings to move them one day back, after her lawyers erred in computing the mandatory 182-day "waiting period" and filed suit one day early. The Court of Appeals had ruled in Zwiers' favor in reliance upon Court Rules allowing the amendment of pleadings where no prejudice will result and where the interest of justice will be served.
A few months ago, the insurance-oriented majority of the Michigan Supreme Court granted leave to the malpractice defendants who had appealed this and a similar decision, and overturned the Court of Appeals' analysis. The case was returned to the lower court, where, this month, it was put to rest.