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Keywords

tortdefendantdamagesnegligenceappealtrialmalpractice

plaintiffdefendantdamagestrial

Related Cases

Braverman v. Granger, 303 Mich.App. 587, 844 N.W.2d 485

Facts

Gwendolyn Rozier, a Jehovah's Witness, underwent a kidney transplant but later experienced complications that required a blood transfusion to save her life. Despite being informed of her critical condition and the necessity of the transfusion, Rozier and her husband refused the treatment due to their religious beliefs. Following her death, her estate filed a medical malpractice suit against the physicians involved, alleging negligence in their care. The trial court ruled that the estate could not recover damages due to the doctrine of avoidable consequences, as Rozier's refusal to accept the transfusion was deemed unreasonable under an objective standard.

Rozier was a Jehovah's Witness and would not accept whole blood or blood products in medical treatment.

Issue

Did the trial court err in applying the doctrine of avoidable consequences to bar the estate from recovering damages for Rozier's death?

The trial court concluded that plaintiff, Eric Braverman, as personal representative of the Estate of Gwendolyn Rozier, is barred as a matter of law by the doctrine of avoidable consequences from recovering damages for Rozier's death.

Rule

The doctrine of avoidable consequences prevents a party from recovering damages that could have been avoided through reasonable efforts after a tortious act.

Rozier had a duty to exercise reasonable care to minimize her damages….

Analysis

The court applied the doctrine of avoidable consequences using an objective standard, determining that Rozier had a duty to mitigate her damages by accepting a blood transfusion, which was a reasonable means to avoid her death. The court found that the refusal of the transfusion, despite the medical necessity, was objectively unreasonable, as it was uncontested that Rozier would have survived had she accepted the treatment.

Under these circumstances, once Ms. Rozier's religious beliefs are removed from the equation, a reasonable trier of fact could not conclude that the refusal to accept a life-saving procedure, i.e., a blood transfusion, was a reasonable choice under the objective person approach.

Conclusion

The Court of Appeals affirmed the trial court's decision, concluding that the estate was barred from recovering damages for Rozier's death due to her unreasonable refusal of a life-saving blood transfusion.

Accordingly, defendants have no legal obligation to pay damages for Ms. Rozier's death because her death was avoidable and the refusal of the blood transfusion by Ms. Rozier was objectively unreasonable.

Who won?

Defendants (physicians and medical center) prevailed because the court found that Rozier's refusal to accept a blood transfusion was objectively unreasonable and that her death was avoidable.

The damages which plaintiff seeks to recover did not occur as a result of the personal injuries suffered by Ms. Rozier but as a result of her death, which she could have avoided with reasonable acts.

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