Estate of Corrado v. Rieck, et al. (Opinion on Application - Remand to TC)Annotate this Case
Lesley Meyers, personal representative of the estate of Samuel Corrado, filed an action against Karen Rieck; Radi Gerbi; Shelby Nursing Center Joint Venture, doing business as Shelby Nursing Center; and others alleging that defendants were negligent and had committed medical malpractice in treating Corrado. Corrado, the decedent, was a patient at Shelby Nursing Center, a nursing home, in 2014. The nursing home had a standing order for patients with nausea that directed staff to, among other things, administer an antinausea medication and to notify the patient’s doctor immediately if the patient had more than one episode of vomiting in a 24-hour period. Pursuant to the standing order, Gerbi administered the antinausea medication to Corrado. Gerbi also attempted to call a physician, but when he was unable to reach the physician he went on break instead. Meyers, Corrado’s daughter, called the nursing home to have someone sent to Corrado’s room. When she was unsuccessful, Meyers went to the nursing home herself, where she found Corrado having difficulty breathing. Corrado was taken to the hospital, where he died from hypoxia due to aspiration. During discovery, plaintiff learned of the standing order and moved to amend the complaint to add to its ordinary-negligence claim allegations that Gerbi had failed to comply with the standing order to contact a physician after Corrado’s second vomiting episode. In response, Shelby Nursing Center moved to dismiss the new claim, arguing that the standing order was not evidence of ordinary negligence, could not be used to establish the standard of care in a medical malpractice claim, and could not be admitted as evidence in support of a medical malpractice claim. The trial court granted plaintiff’s motion to amend and denied Shelby Nursing Center’s motion to dismiss. The Court of Appeals reversed, holding that plaintiff’s proposed amended claim sounded in medical malpractice, rather than ordinary negligence. The Court of Appeals also concluded that the standing order could not be used to establish the standard of care for a medical malpractice claim and could not be admitted as evidence at trial. The Michigan Supreme Court concluded after review that plaintiff’s proposed amendment sounded in medical malpractice, and the standard of care in a medical malpractice action could not be established by the internal rules and regulations of the defendant medical provider. Those rules and regulations, however, might be admissible as evidence in determining the standard of care, provided that the jury is instructed that they do not constitute the standard of care.