Medical malpractice; Wrongful death; Wrongful Death Act (WDA); MCL 600.2921; MCL 600.2922(6); Loss of household & caretaking services; Loss-of-services damages; Daher v Prime Healthcare Servs-Garden City, LLC; Demott v VHS Harper-Hutzel Hosp, Inc

The court held that the WDA permits recovery for loss-of-services damages and that the trial court erred by barring plaintiff’s claim for the value of decedent’s household and caretaking services. Plaintiff sued for wrongful death based on alleged medical malpractice in treating decedent’s atrial fibrillation with Coumadin. The trial court granted defendant partial summary disposition, concluding under Daher that MCL 600.2922(6) did not authorize damages for lost household services. On appeal, the court held that the trial court read Daher too broadly. It explained that Daher rejected recovery for lost future earnings under the current WDA, but “loss-of-services” damages are distinct from “damages for lost future earnings.” Relying on Demott, the court held “loss-of-services damages remain available under the WDA following Daher,” as they have since Michigan’s death act was enacted in 1848. The court further noted the Supreme Court “has never held that loss-of-services damages are unavailable under the WDA,” and Daher did not address that issue. Thus, plaintiff was not prohibited from seeking damages for the loss of decedent’s services. Reversed in part and remanded.