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Barnett v. Hidalgo9/13/2005
FOR PUBLICATION
Before: Cooper, P.J., and Fort Hood and R. S. Gribbs, JJ.
Plaintiff appeals as of right from a judgment of no cause of action entered in favor of defendants Cesar D. Hidalgo, Renato Albaran, and their professional corporations, following a jury trial in this wrongful death action based upon medical malpractice. As the trial court committed a myriad of evidentiary errors affecting the outcome of this case, we reverse and remand for further proceedings consistent with this opinion.
I. Facts and Procedural History
On September 16, 1998, plaintiff's decedent, James Otha Barnett III, was admitted to Crittenton Hospital for emergency gallbladder surgery. Dr. Albaran, a general surgeon, performed the surgery. After surgery, Mr. Barnett's blood platelet count was very low, leading the doctor to be concerned about internal bleeding. Dr. Muskesh S. Shah, a hematologist, determined that Mr. Barnett's platelet count was low because the surgery had exacerbated a pre-existing blood disorder known as ITP. Mr. Barnett's platelet count increased slightly, although it remained significantly below normal when he was released on September 20. However, Mr. Barnett was readmitted two days later after complaining that he could not think clearly. He was examined by Dr. Hidalgo, a neurologist, who initially suspected that Mr. Barnett had suffered a stroke. Dr. Hidalgo asked Dr. Shah to perform a DIC screen to rule out TTP-a fatal, but treatable blood condition in which clots build up in the small vessels of the body, potentially cutting off blood to the brain. These tests were performed, but Mr. Barnett's medical records indicate that the results were never reviewed. Dr. Hidalgo subsequently transferred Mr. Barnett to another facility for an MRI on September 24, 1998. Mr. Barnett's condition was unstable at the time of the transfer. He went into cardiac and respiratory arrest and died that day. Mr. Barnett's post-surgery difficulties were actually related to the undiagnosed and untreated blood disorder TTP.
Before trial, plaintiff stipulated to the dismissal of Crittenton Hospital and Crittenton Corporation. Plaintiff also settled with Dr. Shah and his professional corporation and stipulated to their dismissal. Dr. Albaran and Dr. Hidalgo sought to file notices of nonparty fault pursuant to MCR 2.112(K), as they alleged that Dr. Shah was wholly at fault for Mr. Barnett's death. The trial court found that the parties were jointly and severally liable and, therefore, denied the doctors' motions. At the close of trial, the jury, by special verdict, found that neither Dr. Albaran nor Dr. Hidalgo were liable.
II. Affidavits of Merit
Plaintiff first argues that the trial court erred by admitting into evidence three affidavits of merit filed with the complaint pursuant to MCL 600.2912d. These affidavits had not been redacted. They listed Dr. Shah as a party to the suit. The affidavit of Dr. Rachel Borson also specifically noted Dr. Shah's negligence as a cause of Mr. Barnett's death. The affidavits of merit were marked as exhibits and shown to the jury. Plaintiff contends that these affidavits were inadmissible hearsay and that they impermissibly reference a "missing" settling party. We agree. Generally a trial court's decision to admit evidence will be reversed only for an abuse of discretion. However, when the trial court's decision involves a preliminary question of law, we review the issue de novo. A trial court abuses its discretion by permitting evidence to go to a jury that is inadmissible as a matter of law.
The unredacted affidavits listed Dr. Shah as a party. The admission of the affidavits allowed the jury to spec
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