Medical malpractice; Whether a claim sounds in ordinary negligence or medical malpractice; Bryant v Oakpointe Villa Nursing Centre; Trowell v Providence Hosp & Med Ctrs, Inc; Whether the claim involved an action that occurred within the course of a professional relationship; Whether the claim raised questions of medical judgment beyond the realm of common knowledge & experience; Limitations period for medical malpractice actions; MCL 600.5838a(2)

The court held that plaintiff’s claim was barred by the statute of limitations applicable to medical malpractice claims. Plaintiff sued defendant for damages arising from his treatment at defendant’s hospital facility after a serious motorcycle accident. The trial court found that his claim “involved proper precautions, procedures, and medical decisions such that it sounded in medical malpractice and was barred by the statute of limitations.” On appeal, the court rejected plaintiff’s argument that the trial court erred by granting defendant’s motion for summary disposition because his claim sounded in ordinary negligence, not medical malpractice. “The trial court correctly concluded that plaintiff’s claim sounded in medical malpractice rather than ordinary negligence because it pertained to actions that occurred within the course of a professional relationship and presented a question of medical judgment beyond the realm of common knowledge and experience.” Because defendant—a health care facility—rendered “professional health care services to plaintiff—an admitted patient—a professional relationship existed, and plaintiff’s claim related to acts or omissions that occurred within the scope of that relationship.” In addition, plaintiff’s claim “raised a question of medical judgment beyond the realm of common knowledge and experience.” Plaintiff relied “on Bryant and Trowell to support his position, but unlike those cases, his claim does not involve a circumstance in which medical staff failed to take corrective action after identifying a general risk of harm.” Finally, plaintiff “failed to file his complaint within the limitations period applicable to medical malpractice actions.” Affirmed.