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Negligence — Medical malpractice — Reduced life expectancy

Where the defendants in a medical malpractice suit have moved for summary judgment, that motion should be allowed in part and denied in part, as the plaintiffs are foreclosed from recovering for decreased odds of survival pursuant to the Michigan Supreme Court’s decision in Wickens v. Oakwood Healthcare Sys., 465 Mich. 53, 62; 63 N.W.2d 686 (2001), but a jury may conclude that the defendants’ negligence in failing to order imaging was a proximate cause of the plaintiff developing brain metastasis requiring radiation treatment and causing him to suffer pain, anguish and loss of earnings.

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