Erwin v. St. Joseph's Mercy Hosp. of Detroit (In re Erwin's Estate), 29.
| Decision Date | 12 November 1948 |
| Docket Number | No. 29.,29. |
| Parties | In re ERWIN'S ESTATE. ERWIN v. ST. JOSEPH'S MERCY HOSPITAL OF DETROIT et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE Appeal from Circuit Court, Wayne County; Thomas J. Murphy, judge.
Action for the benefit of the estate of Frank Erwin, deceased, by Blanche Erwin, as administratrix, against St. Joseph's Mercy Hospital of Detroit and Charles Berger, M. D., for damages for malpractice and negligence in caring for deceased. From an order dismissing the hospital, plaintiff appeals.
Affirmed.
Before the Entire Bench.
Kinney & Willard, of Hazel Park, for plaintiff and appellant.
Crawford, Sweeny & Dodd and Monaghan, Hart & Crawmer, all of Detroit, for appellee.
This is an action for damages brought by the estate of Frank Erwin, deceased, for the death of Frank Erwin against St. Joseph's Mercy Hospital of Detroit and Charles Berger, M. D., defendants.
In December 1947 plaintiff filed her declaration in which it is alleged that the St. Joseph's Mercy Hospital of Detroit is a Michigan corporation, supported by its patients and receiving aid from the Metropolitan Community Fund of the city of Detroit; that the defendant Charles Berger is a duly licensed physician and surgeon under the laws of the State of Michigan and is engaged in the practice of medicine as a resident physician in the above named St. Joseph's Mercy Hospital of Detroit; that on February 14, 1947, at the hour of 11:20 p. m., Frank Erwin was injured in an accident; that he was removed from the scene of the accident directly to the above named hospital where he received the attention of Dr. Charles Berger and nurses of the hospital; that stitches were taken at this time in skin lacerations of the head and scalp; that splints were applied to a broken leg, but that his injuries were given a very superficial and careless examination; that without sufficient reason the defendants refused to continue treating the deceased and ordered the patient removed from the hospital; that plaintiff was compelled to remove deceased to her home and later to another hospital; and that as a result of the inefficient attention and malpractice of the defendants, the deceased suffered great pain and death on February 15, 1947.
The St. Joseph's Mercy Hospital caused their appearance to be entered and later filed a motion to dismiss the cause as against it for the following reasons:
‘1. Because said defendant, St. Joseph's Mercy Hospital of Detroit, is,...
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Williams v. Randolph Hospital, Inc.
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