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Estate Of Braford v. O'Connor Chiropractic Clinic12/12/2000
FOR PUBLICATION
9:00 a.m.
Defendants O'Connor Chiropractic Clinic and John O'Connor, D.C. appeal by leave granted the trial court's order denying their motion for summary disposition pursuant to MCR 2.116(C)(8). Plaintiff estate of Teresa Braford, by Thomas Braford, personal representative, brought a wrongful death action against defendants, alleging that O'Connor committed medical malpractice when he failed to detect symptoms of Teresa Braford's cardiac problems. We reverse.
I. Basic Facts And Procedural History
Teresa Braford first sought chiropractic care from O'Connor in April 1994. Her chief complaints were recurring headaches as well as numbness in her arms and hands. After listening to Braford describe her problems and reviewing x-rays, O'Connor concluded that she was suffering pain due to an injury she sustained in 1975. He then treated her accordingly throughout April and May 1994.
In July 1994, however, Braford visited the emergency room at Botsford General Hospital in Farmington Hills because she was experiencing severe pain. The record does not reveal if the emergency room staff diagnosed her problem. However, she was released with instructions to consult her chiropractor and a neurologist and to return to the hospital if her symptoms worsened. Later that same month, Braford visited O'Connor and told him that she had pain in her left thoracic (chest) area and both arms. She said that she had used ice to quell the pain. O'Connor concluded that her condition related to her prior cervical spine injury and noted that as soon as he adjusted her back, her pain subsided. O'Connor last treated Braford in early September 1994, at which time she voluntarily released herself from his care.
On February 3, 1995, Braford complained to her husband that she was in pain. At her request, he left work early to go home to be with her. After arriving at home, he went to the grocery store for a short time. When he returned, he found his wife slumped on the couch. She was rushed to the hospital where she was pronounced dead. The cause of death was later determined to be a myocardial infarction.
Plaintiff filed this wrongful death action alleging medical malpractice in June 1997. After discovery, defendants moved for summary disposition, arguing that they did not have a duty to diagnose Braford's non-chiropractic ailments and refer her to a medical doctor. The trial court denied the motion and granted plaintiff permission to amend the complaint. Defendants subsequently moved for summary disposition again on the same legal ground and also argued that a genuine issue of material fact did not exist with regard to whether O'Connor suspected that Braford suffered from cardiac symptoms. The trial court again denied defendants' motion. It appears that the trial court found that a genuine issue of material fact existed with regard to whether O'Connor was aware of Braford's cardiac symptoms and, reiterating its prior ruling, that defendants did have a duty to diagnose Braford's non-chiropractic ailments and refer her to a medical practitioner. We granted leave to appeal and stayed the matter pending resolution of the appeal.
II. The Issue On Appeal
This case presents an issue of first impression in Michigan. Even though the Michigan Supreme Court and this Court have considered the scope of chiropractic practice in a variety of factual contexts, our research has not revealed a published decision by the appellate courts of this state setting out the parameters of a chiropractor's duty to refer his or her patient to another medical profession. Simply put, we must decide not only whether O'Connor had a duty to reco
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