WEYMERS V. KHERA
454 Mich. 639 (1997)
NATURE OF THE CASE: This was a medical malpractice case.
FACTS: Weymers became ill with coughing, fever, nausea, aching, and chest congestion. Her
condition did not improve for more than a week and she went to D's medical center. It was
determined that she suffered from a respiratory infection and was given antibiotics. Two
visits later, a blood sample indicated that she was suffering from severe anemia and was
taken to the intensive care unit. She was diagnosed with Goodpastures syndrome and treatment
began immediately. This was a rare and generally fatal disease. She was placed on a
respirator, her kidneys failed, and eventually she survived with a lifesaving kidney
transplant. P sued D. An expert testified that had D given P proper care, she would have had
a 30-40 percent chance of retaining her kidneys and that her life expectancy was
significantly shortened and that she would suffer a premature death. D moved for summary
judgment. The court agreed. P appealed. The court of appeals reversed holding that loss of
chance applies to physical injury less than death.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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