Supreme Court Leaves Plaintiff’s Medical Malpractice Claim Intact to Recover Damages for Loss of Kidney in “Dual Organ” Case

Amicus Curious

The Supreme Court has let stand a Court of Appeals decision, which held that a doctor’s alleged misdiagnosis and ultimate removal of a cancerous kidney gave rise to a cause of action for damages because of the potential for greater future harm due to the additional risk associated with having only one functional organ.

Lawrence Garcia, Esq. and myself submitted an amicus curiae brief on behalf of the Michigan Defense Trial Counsel in this case before the Supreme Court in which we urged the Court to allow the Court of Appeals decision to stand.

Here is the brief:

huddleston.sc.amicus.curiae.br

Previous posts about this case can be accessed here:

Amicus Curiae Brief Filed in Supreme Court in Medical Malpractice Case Alleging Misdiagnosis and Damages for Removal of Plaintiff’s Kidney

Supreme Court Grants to Consider Damages in Medical Malpractice Claim Alleging Loss of Kidney Constitutes Actionable Damages

Please let me know if you have any questions…

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