LAWRENCE V. INGHAM COUNTY HEALTH DEPARTMENT FAMILY PLANNING/PRE-NATAL CLINIC
408 N.W.2d 461 (Mich. Ct. App. 1987)
NATURE OF THE CASE: Lawrence (P) appealed a summary judgment for Ingham (D) in P's suit
to recover for injuries suffered by an infant during birth.
FACTS: Ethel (P) first visited D's clinic for a pregnancy test. P then continued routine
prenatal treatment with the clinic. P underwent an emergency Caesarean section. Jessica (P)
suffered fetal distress and prenatal asphyxia, which P claim could have been prevented by
applying standard procedures for postmature fetuses. Jessica (P) was resuscitated and
sustained permanent, serious brain damage. Ps' third amended complaint included two counts
of breach of contract. Ps allege breach of an enforceable agreement between then and Ingham
(D). P claimed that an implied contract in law was created as a result of D's offer to
provide medical services and P's acceptance of said offer by agreeing to follow the
directions from D's physicians and other medical personnel for the benefit of her unborn
child. Ps allege that Jessica (P) is a third-party beneficiary of this contract between Ps,
parents, and the clinic. The trial court concluded that plaintiffs failed to plead facts
that would support a finding of adequate consideration and that Ps' contract claim must
therefore fail. The court awarded D summary judgment and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment