Contract claim against Nursing Care Center for death of parent is dismissed
The family of William Adam sued the Sisters of Bon Secours Nursing Care Center, alleging negligence and breach of contract. The family claimed that poor care provided to William caused his death, and that the care violated the statutory duties of the Care Center to its patients as incorporated into the parties' contract. Unfortunately, the family did not comply with the medical malpractice procedural requirements, including filing a multi-page Notice of Intent to Sue that explains to the professional what was done wrong and how it violated the standard of care and caused the death; and then waiting six months before filing the Complaint accompanied by Affidavits of Merit from medical professionals documenting the errors. Given the procedural error, the family's negligence claim was dismissed.
The Court of Appeals then dismissed the contract claim. It ruled that the "resident bill of rights," MCL 333.20201 did not confer an enforceable contract right on the family. Lastly, the Court held that the Center was not responsible for the family's claim of intentional wrongdoing by the Center's employees because the family had not alleged that the Center was aware of a propensity of the subject employees to commit similar acts. Barring proof of this nature, the Court held that the employer was not responsible for criminal acts of an employee, even if the circumstances of employment create the opportunity for victimization.