Case Result: Courts Dismiss Claim That Misread Mammogram Was Proximate Cause for Breast Cancer

Area of Law:
Medical Malpractice Defense

Washtenaw County Circuit Court, Michigan Court of Appeals


Plaintiff alleged clients misread a mammogram, resulting in delay in diagnosing breast cancer. We argued that Plaintiff failed to allege proximate cause, and the trial court granted our Motion for Summary Disposition. Plaintiff appealed and the appellate court issued an unpublished opinion upholding the trial court’s dismissal. The appellate court stated that Plaintiff’s Affidavit of Merit is insufficient to show proximate cause, as it did not precisely describe the manner in which a breach, if standard, was the proximate cause of Plaintiff’s injury.

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