Ellenwine v. Fairley

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a medical malpractice claim is a negligence claim by or on behalf of the injured party
• describing the “substantive claim or cause of action at stake” in a medical-malpractice action as a “common law claim of negligence by a health care provider proximately causing personal injury or death”
• if a death is caused by medical malpractice, the malpractice claim terminates at the patient’s death
• medical malpractice claim could survive the patient’s death, “[a]ssum[ing] for the moment that [his parents] were properly acting as his legal representatives”
• “[T]o the extent there is any question about our reading of the legislative intent, we believe that a sufficient period of time has passed since Frady was decided that there has been legislative acquiescence.”
• “[J]ust as a fair reading of the MMA indicates that the medical review panel requirements must be complied with in order to bring a wrongful death claim based on medical negligence, so too for the limitations provision.”

Source: CourtListener parenthetical corpus (CC0).