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Robins v. Garg

Court of Appeals of Michigan

741 N.W.2d 49 (2007)

Relevant factsFree

Ilene Robins (plaintiff) was treated by Dr. Tilak Garg (defendant), who flagged her as at risk for heart disease based on an early cholesterol test but failed to order further cardiac testing over many subsequent years, even after later diagnosing asthma and receiving a dramatically elevated cholesterol reading twelve years later. Garg prescribed cholesterol medication, which Robins refused to take, and referred her to a cardiologist without documenting it, but ordered no further cardiac testing afterward; Robins later died of cardiac arrest after arriving at Garg's clinic with chest and back pain. Robins's estate sued for malpractice, and after the trial court struck the estate's expert witness on qualification grounds and granted summary judgment for Garg, that decision was reversed on appeal and sent back for reconsideration.

IssueFree

Whether a genuine issue of material fact existed as to the cause of the decedent's death, barring summary disposition.

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