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150719 - Dustin Rock v Dr. K. Thomas Crocker

Dustin Rock,
Mark R. Granzotto
(Appeal from Ct of Appeals)
(Kent – Redford, J.)
Dr. K. Thomas Crocker and Dr. K. Thomas Crocker, D.O., P.C.,
Noreen L. Slank


​Defendant Dr. K. Thomas Crocker, a board-certified orthopedic specialist, operated on plaintiff Dustin Rock’s ankle and provided postsurgical care.  Rock sued Dr. Crocker for medical malpractice.  Rock’s standard-of-care expert witness was board certified in orthopedic surgery at the time of the alleged malpractice, but was not a board-certified specialist at the time of trial.  In a published opinion, the Court of Appeals ruled that the expert was qualified to testify under MCL 600.2169.  The Court of Appeals also ruled that evidence regarding breaches of the standard of care may be admissible even if those breaches did not cause any injury.  It remanded the case to the trial court for consideration of this question under MRE 403.  The Supreme Court will consider: (1) whether allegations relating to violations of the standard of care that did not cause the plaintiff’s injury are admissible as evidence of negligence; and (2) whether, if a defendant is a board-certified specialist, MCL 600.2169(1)(a) only requires an expert to be board certified in that same specialty at the time of the alleged malpractice, and not at the time of trial.