964 N.W.2d 839
Mich. Ct. App.2020Background
- Aaron Miller, a developmentally disabled resident of Joliat Home (an adult foster care small group home owned/operated by Angels’ Place), choked on food and died after caregiver Carol Caramia — the sole staff on duty — summoned 911.
- Joan Miller, as personal representative of the estate, sued Angels’ Place and Caramia for ordinary negligence and breach of contract.
- Defendants moved for summary disposition under MCR 2.116(C)(7)/(8), arguing the claims sound in medical malpractice because Angels’ Place is a "licensed health facility or agency" under MCL 600.5838a and Caramia is its agent.
- The trial court granted the motion, concluding Angels’ Place qualified as an "intermediate care facility" and thus a licensed health facility subject to malpractice rules, and that the claims implicated medical judgment requiring expert testimony.
- The Court of Appeals reversed, holding Angels’ Place is licensed under the Adult Foster Care Facility Licensing Act (AFCFLA), not Article 17 of the Public Health Code, so it is not a "licensed health facility or agency" under MCL 600.5838a; certification does not equate to licensure for that statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Angels’ Place and Caramia are persons/entities capable of medical malpractice under MCL 600.5838a | Angels’ Place (and Caramia) are not Article 17 licensed health facilities; claims are ordinary negligence | Angels’ Place is an "intermediate care facility"/certified provider and therefore a licensed health facility or agency, making the claim malpractice | Reversed trial court: Angels’ Place is licensed under AFCFLA, not Article 17; certification alone does not make it a licensed health facility under MCL 600.5838a, so defendants are not subject to medical malpractice claims |
| Whether plaintiff’s claims require medical-expert proof (i.e., sound in medical malpractice rather than ordinary negligence) | Miller’s claims are ordinary negligence within juror common knowledge | Claims involve medical judgment and would require medical expert testimony | Court did not reach merits because defendants are not capable of malpractice; claims sound in ordinary negligence |
Key Cases Cited
- Bryant v. Oakpointe Villa Nursing Ctr, Inc., 471 Mich 411 (2004) (examines who may be sued for medical malpractice and effect of MCL 600.5838a)
- Kuznar v. Raksha Corp., 481 Mich 169 (2008) (interprets definition of "health facility or agency" under the Public Health Code)
- Adkins v. Annapolis Hosp., 420 Mich 87 (1984) (malpractice cannot be alleged against parties incapable of malpractice)
- Trowell v. Providence Hosp. & Med. Ctrs., Inc., 502 Mich 509 (2018) (standard of review for distinguishing negligence from medical malpractice)
- Sabbagh v. Hamilton Psychological Servs., Inc., PLC, 329 Mich App 324 (2019) (discusses limits on who may be sued for medical malpractice)
- McLean v. McElhaney, 289 Mich App 592 (2010) (procedures for deciding MCR 2.116(C)(7) motions)