SMALL v. WYSONG

Leave to Appeal Denied May 2, 2008:

MARKMAN, J. (concurring in part and dissenting in part).

Although I would deny leave to appeal with regard to the characterization by the Court of Appeals of plaintiffs two other claims, I believe that the court erred in characterizing as an ordinary-negligence claim plaintiff's claim that an x-ray should have been conducted following her appendectomy and before her incision was closed. Because this seems to me a matter significantly beyond common knowledge, Bryant v Oakpointe Villa Nursing Ctr, Inc, 471 Mich 411 (2004), I believe that this claim sounds in medical malpractice.

YOUNG, J. (dissenting).

For the reasons stated in the Court of Appeals dissenting opinion, I would reverse the Court of Appeals judgment in part and affirm the trial court's ruling that plaintiffs complaint sounded in medical malpractice rather than ordinary negligence.

CORRIGAN, J. I join the statement of Justice YOUNG.