Day v. Albrecht, 86663
| Decision Date | 13 July 1990 |
| Docket Number | No. 104473,No. 86663,86663,104473 |
| Citation | 435 Mich. 863,458 N.W.2d 878 |
| Parties | DAY v. ALBRECHT. COA435 Mich. 863, 458 N.W.2d 878 |
| Court | Michigan Supreme Court |
Leave to Appeal Denied July 13, 1990.
BOYLE, J., would grant leave to appeal.
The act of negligence complained of occurred on October 28, 1981. Plaintiff was admitted to the hospital on October 29, 1981, and signed an arbitration agreement. The report from the October 28, 1981, procedure failed to reach the proper medical persons. During surgery, plaintiff experienced a cardiac arrest. The claim was negligence on October 28, 1981. We should grant leave to appeal to determine whether the defendants should be able to include the acts of October 28 under the arbitration agreement signed on October 29.
The day before the plaintiff was hospitalized, defendant Dr. Albrecht ordered a drip intravenous pyelogram. Two other doctors performed the IVP at Providence Hospital on October 28, 1981. The IVP report indicated that there was a mass located superior to the upper lobe of plaintiff's kidney and this was diagnosed as a pheochromocytoma.
Dr. Albrecht, for some reason, noted on plaintiff's chart that the IVP report was negative and plaintiff's cardiologist, Dr. Zaks, claimed that he did not receive a copy of the IVP report which was prepared by the two doctors who performed the IVP. The principal question in the case concerns an arbitration agreement which was signed on October 29, 1981.
There also appears to be no question that some error occurred because either Dr. Albrecht or his staff failed to communicate to plaintiff's other physicians about the IVP results. If this information had been communicated to Dr. Zaks the operation may not have taken place and the tumor may have been treated before any other type of injury took place.
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