Weymers v. Khera,

454 Mich. 639 (1997)

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Nature of the Case

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Facts

Weymers became ill with coughing, fever, nausea, aching, and chest congestion. Her condition did not improve for more than a week, and she went to D's medical center. It was determined that she suffered from a respiratory infection and was given antibiotics. Two visits later, a blood sample indicated that she was suffering from severe anemia and was taken to the intensive care unit. She was diagnosed with Goodpastures syndrome and treatment began immediately. This was a rare and generally fatal disease. She was placed on a respirator, her kidneys failed, and eventually, she survived with a lifesaving kidney transplant. P sued D. An expert testified that had D given P proper care, she would have had a 30-40 percent chance of retaining her kidneys and that her life expectancy was significantly shortened and that she would suffer a premature death. D moved for summary judgment. The court agreed. P appealed. The court of appeals reversed holding that loss of chance applies to physical injury less than death.