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Capstone consultants reviews order write for me 401 capstone dr marble falls tx nero cd dvd burning software free download windows xp hello everyone I'm Leonard French your favorite copyright attorney here with a quick story today as I'm still recovering from the annual mortality reminder that is the flu today's story involves a different kind of mortality mess-up involving both the unfortunate death of a person and the mistaken loss of their 20 million dollar judgment there's medical malpractice there's legal malpractice there's even the rare judgment notwithstanding the verdict where a judge overturns a jury's rendered verdict something that does not happen every day and I believe the judge who offered his separate concurring opinion did so to try and explain how this could happen to an earnest plaintiff with a good case the plaintiff is the husband of a deceased woman who went to the hospital for treatment of a dislocated jaw but ended up with brain surgery instead the hospital had mistakenly swapped her x-rays somehow putting her in queue for the wrong operation the brain surgery was fatal hence the estate her husband was suing why sue it seems like an open-and-shut case why doesn't the hospital simply pay the amount of money instead of forcing the plaintiff to court well sometimes it's a defendant sometimes a hospital or its insurance company might have a policy requiring court cases to be filed or defended in order to minimize their costs or risks if a plaintiff screws up the defendant might save thousands or millions of dollars and sometimes the plaintiff wants more money than the defendant is offering in settlement and sometimes it's a combination of the two in many places there are caps or maximums on the amount of money damages available for medical malpractice claims in order to get around to some of these maximums some clever attorneys will use a different law such as the law of negligence as an alternative with that little bit of case history in mind let's turn now to the two-page concurring opinion of Chief Justice Markman of the Michigan Supreme Court on order of the court plaintiffs motion for reconsideration of this court's order in considered and it is denied because it does not appear that the order was entered erroneously this case involves a remarkable confluence of what appears to be both a medical and legal dereliction resulting in an extraordinary miscarriage of justice concerning the legal aspect plaintiff's counsel instead of pleading ordinary negligence and medical malpractice in the alternative as counseled by case law pleaded ordinary negligence in which damages are uncapped instead of medical malpractice in which damages are capped defendant moved for summary judgment at trial contending that plaintiffs claims sounded exclusively a medical malpractice not ordinary negligence and that plaintiff had failed to comply with the statutory notice and pleading requirements applicable to medical malpractice claims the trial court granted this motion and the parties agreed to an order that dismissed plaintiffs ordinary negligence claim with prejudice but stated that plaintiff was not precluded from bringing a medical malpractice claim with prejudice means that those claims are extinguished and cannot be filed or adjudicated again plaintiff did not appeal the trial court's order but instead refiled the lawsuit as a medical malpractice action and defendant conceded negligence so that the case proceeded to a jury only on the issues of causation and damages at this second trial plaintiff's counsel sought again to raise the uncapped ordinary negligence claim and the trial court this time allowed plaintiff to amend the complaint to assert ordinary negligence during the course of the trial plaintiffs attorneys repeatedly asserted that the claim being litigated was one for ordinary negligence and convinced the second trial court to enter a judgment that was unmoored from the statutory cap on damages applicable to a medical malpractice action the jury eventually awarded damages of twenty million dollars in a judgment for ordinary negligence defendant then moved for a judgment notwithstanding the verdict arguing that the verdict was precluded by principles of collateral estoppel because it was predicated on ordinary negligence a claim that had been dismissed with prejudice by the first trial court collateral estoppel is what we call it when an issue or claim is barred or precluded here by the dismissal with prejudice of the negligence claim in the first case this motion for judgment notwithstanding the verdict was denied by the second trial court and the defendant appealed again on appeal the Court of Appeals granted defendants motion concluding the second trial court's order allowing the amendment of the complaint to include a claim of ordinary negligence constituted an impermissible collateral attack on the first trial court's order dismissing the ordinary negligence claim the court of appeals also held that plaintiff was precluded by collateral estoppel from raising the ordinary negligence claim in the second lawsuit because it had been fully litigated and disposed of by the unappealed final order in the first lawsuit as a result the court of appeals held that only the theory of medical malpractice remained available to the plaintiff in the second lawsuit the court held that where plaintiff unequivocally proceeded in this action under an ordinary negligence theory and the jury awarded damages under that theory defendant was entitled to judgment notwithstanding the verdict to summarize plaintiff now has no negligence claim and no medical malpractice claim all despite the fact that a defendant hospital openly admitted negligence be a jury determined that this negligence constituted the proximate cause of plaintiff's death and see a jury awarded plaintiff a twenty million dollar verdict I concur in this court's denial of plaintiffs motion for reconsideration because the Court of Appeals correctly held that plaintiffs prior agreement to the dismissal of his negligence claim with prejudice precluded any recovery on that claim at a subsequent trial under the collateral attack rule and collateral estoppel yet the decedent's husband's if inquiry nonetheless resonates loudly how is this possible in a just and fair world there is no satisfactory answer in my judgment only that further review of this matter might well be pursued in an appropriate action at first I was like damn the judge is recommending that the plaintiff sue his lawyer and then I was like damn the judge is recommending that the plaintiff sue his lawyer and this this seems to be what's really happening here the judge feels so bad for this poor widower and the loss of his case that he's reaching out to the man through his concurring opinion to tell him that he's got to sue his own attorney if he wants a chance at recovering any money now that amount of money is probably still only the amount possible under Michigan's medical malpractice caps which appears to be approximately four hundred and forty thousand dollars the hospital it seems is completely off the hook if you'd like to read for yourself please visit lawful masses calm where you can also find information about supporting the channel I am very grateful for all of my patreon supporters especially to John Steele Gavin Bernard the god slain evie Andy Kyle mu Drac John H Anderson and Vera maintained for their support at the $50.00 plus level as well as to all of my $5 plus supporters listed in the description below and scrolling on the LED panel behind me coming up soon our videos on the zombie go boom and ad pocalypse case as well as a review of the phantom Lord twitch band lawsuit and many more let me know what you think of this story in the comments below I am your favorite copyright attorney Leonard French and I'll see you in the next video industrial internet of things certification order School of the Arts.