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STATE OF MICHIGAN
COURT OF APPEALS


RACHEL BALDWIN, Personal Representative of the Estate of ETHAN BALDWIN, Plaintiff-Appellee, v MATTIE M. SCOTT, M.D. and WOMEN'S HEALTH CARE ASSOCIATES, a/k/a HURLEY HEALTH SERVICES, Defendants-Appellants, and BOARD OF HOSPITAL MANAGERS FOR THE CITY OF FLINT, d/b/a HURLEY MEDICAL CENTER, Defendant-Appellee.

UNPUBLISHED December 4, 2008

No. 275809 Genesee Circuit Court LC Nos. 05-081312-NH; 04-079596-NH

RACHEL BALDWIN, Personal Representative of the Estate of ETHAN BALDWIN, Plaintiff-Appellant-Cross-Appellee, v MATTIE M. SCOTT, M.D. and WOMEN'S HEALTH CARE ASSOCIATES, a/k/a HURLEY HEALTH SERVICES, Defendants-Appellees, and BOARD OF HOSPITAL MANAGERS FOR THE CITY OF FLINT, d/b/a HURLEY MEDICAL CENTER, No. 275830 Genesee Circuit Court LC Nos. 05-081312-NH; 04-079596-NH

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Defendant-Appellee-CrossAppellant.

Before: Kelly, P.J., and Owens and Schuette, JJ. PER CURIAM. In Docket No. 275809, defendants Mattie M. Scott, M.D. (Dr. Scott) and Hurley Health Services (HHS) appeal by leave granted the trial court's January 8, 2007 order granting in part plaintiff's motion for reconsideration. In Docket No. 275830, plaintiff appeals by leave granted the trial court's June 13, 2006 order granting defendants' motions for summary disposition and its January 8, 2007 order to the extent that it limits amendment of her complaint. Defendant Hurley Medical Center (HMC) cross-appeals the January 8, 2007 order, arguing that the trial court erred in allowing plaintiff to amend her complaint. We affirm in part, reverse in part, and remand for further proceedings. I. FACTS This wrongful death action arises out of the death of plaintiff's son, Ethan Baldwin (Ethan), five days after he was born. On May 29, 2001, Dr. Scott, plaintiff's obstetrician/gynecologist, conducted a non-stress test on plaintiff, who was over her due date; the test revealed some decelerations, so Dr. Scott advised plaintiff that she should be admitted to the hospital for monitoring and possible induction. Plaintiff was admitted to HMC at approximately 6:30 p.m. on May 29, 2001. After her admission, an external fetal monitor was placed to monitor the condition of the fetus during labor and delivery. Plaintiff was effaced but not dilated. She was given Prostagel to see if she would deliver naturally, but it did not happen. On May 30, 2001, she was given Pitocin to induce her labor. Dr. Scott broke plaintiff's water at 11:00 a.m., and plaintiff began pushing around 3:00 p.m. However, there were problems with the delivery: Ethan was in an occiput posterior (face-up) position. A vacuum extraction was attempted unsuccessfully five times.

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Michigan Law