Siirila v. Barrios, Docket No. 16222

CourtCourt of Appeal of Michigan (US)
Writing for the CourtR. B. BURNS
Citation58 Mich.App. 721,228 N.W.2d 801
PartiesJames Scott SIIRILA, a minor, by his next friend, James Siirila, and James Siirila, Individually, Plaintiffs-Appellants, v. Honorato BARRIOS, M.D., et al., Defendants-Appellees
Docket NumberDocket No. 16222,No. 3,3
Decision Date24 February 1975

Page 801

228 N.W.2d 801
58 Mich.App. 721
James Scott SIIRILA, a minor, by his next friend, James
Siirila, and James Siirila, Individually,
Honorato BARRIOS, M.D., et al., Defendants-Appellees.
Docket No. 16222.
Court of Appeals of Michigan, Division No. 3.
Feb. 24, 1975.
Released for Publication May 12, 1975.

Page 802

[58 Mich.App. 722] Michael H. Feiler, Detroit, for plaintiffs-appellants.

John D. Peacock, Plunkett, Cooney, Rutt & Peacock, Detroit, for Barrios.

John M. McCarthy, McLean & McCarthy, Houghton, for St. Joseph's Hospital.

Before BASHARA, P.J., and R. B. BURNS and ALLEN, JJ.

R. B. BURNS, Judge.

This is a malpractice suit wherein the plaintiffs ask us to extend the holding of Naccarato v. Grob, 384 Mich. 248, 180 N.W.2d 788 (1970), to general practitioners. This we cannot do. Such action can only be taken by the Supreme Court. As an intermediate appellate court we are [58 Mich.App. 723] bound by Lince v. Monson, 363 Mich. 135, 108 N.W.2d 845 (1961).

James Scott Siirila was born 3 1/2 months prematurely. He was immediately placed in an 'isolette' where controlled oxygen was given to him for two months. He contracted retrolental fibroplasia, a scarring of the eye tissue, resulting in total, permanent blindness. Plaintiffs claim the disease was caused by his continued exposure to oxygen while in the isolette.

At trial, plaintiffs attempted to have a Dr. Matthews testify as to the proper care and treatment of premature babies and the danger of oxygen therapy. Dr. Matthews is a specialist in pediatrics from Marquette. Dr. Barrios is a general practitioner in Houghton.

Until the Naccarato case the law in Michigan was as set forth in Lince v. Monson, Supra, i.e., generally, it is necessary in order to establish a cause of action for malpractice that there be expert testimony that what the attending physician did was contrary to the practice in that and similar communities or that he omitted to do something which was ordinarily done in that or similar communities.

In Naccarato, pp. 253--254, 180 N.W.2d p. 790, it was stated:

'In reaching our decision today, we rely on the reasoning in Wood v. Vroman, 215 Mich. 449, 184 N.W. 520 (1921): (Where the defendant holds himself out as a specialist he) is 'obligated to bring to the discharge of his duty that degree of skill and knowledge possessed by physicians who are specialists in the Light of present day scientific knowledge.' (Wood v. Vroman, Supra, 465--466, 184 N.W. (520) 525.) (Emphasis added in Naccarato.)

'It is therefore unnecessary to consider in this opinion whether a standard of parochial negligence can obviate the requirement of reasonable care by a local practitioner. At issue here is the standard of care...

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7 cases
  • Poly-Flex Const., Inc. v. Neyer, Tiseo & Hindo, 1:07-cv-1090.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • October 6, 2008
    ...his contractual relations with his [client].'") (quoting Delahunt v. Finton, 244 Mich. 226, 221 N.W. 168 (1928)); Siirila v. Barrios, 58 Mich.App. 721, 228 N.W.2d 801, 803 (1975) ("Malpractice is a form of negligence, [albeit] utilizing a different standard of care than the usual `reasonabl......
  • Siirila v. Barrios, 11
    • United States
    • Supreme Court of Michigan
    • December 21, 1976
    ...found no cause of action against defendants Dr. Barrios and St. Joseph's Hospital. 5 The Court of Appeals affirmed, Siirila v. Barrios, 58 Mich.App. 721, 723, 228 N.W.2d Page 175 801 (1975). The Court held, first, that as an intermediate appellate court, they were bound by the standard of L......
  • Koch v. Gorrilla, 75-2301
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • April 15, 1977
    ...Court held that such evidence is required under Michigan law to sustain a medical malpractice action, citing Siirila v. Barrios, 58 Mich.App. 721, 228 N.W.2d 801 (1975), and Page 1173 Lince v. Monson, 363 Mich. 135, 108 N.W.2d 845 (1961), among other authorities. Appellant first challenges ......
  • Ferguson v. Gonyaw, Docket No. 18982
    • United States
    • Court of Appeal of Michigan (US)
    • October 13, 1975 of the State of Michigan. This Court is Page 549 without authority to overrule decisions of the Supreme Court. Siirila v. Barrios, 58 Mich.App. 721, 722--723, 228 N.W.2d 801 (1975); Maxwell v. Maxwell, 15 Mich.App. 607, 618, 167 N.W.2d 114 (1969), Lv. den., 381 Mich. 815 (1969). In Brya......
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