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149663 - Roberto Landin v Healthsource Saginaw

Roberto Landin,
 
Mandel I. Allweil
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(Saginaw – Boes, J.)
 
Healthsource Saginaw, Inc.,
 
Richard W. Warren
 
Defendant-Appellant.
 

Summary

Plaintiff Roberto Landin, a licensed practical nurse, was fired from his job at the defendant community hospital. Landin sued for wrongful discharge in violation of public policy. He argued that he was fired because he complained to his supervisor about a coworker’s negligence in treating a patient, which he believed led directly to that patient’s death. The hospital argued that Landin’s claim should be dismissed. But the trial court ruled that the claim could proceed based on MCL 333.20176a of the Public Health Code, which prohibits a health facility from discharging an employee who in good faith reports the malpractice of a health professional. The Court of Appeals, in a published opinion, affirmed the judgment of the trial court. The issues to be addressed include whether Landin may maintain a wrongful discharge claim for violation of public policy under MCL 333.20176a(1)(a), and whether the Whistleblowers’ Protection Act, MCL 15.361 et seq, provides the exclusive remedy for such a claim.