Supreme Court Holds Late-Filed Notice of Intent Cannot Toll Medical Malpractice Statute of Limitations and Reverses Court of Appeals

On April 27, 2013, the Supreme Court issued an order reversing the Court of Appeals decision in LaJoice v. Northern Michigan Hospitals, Inc., et al (COA Opinion), in which the Court of Appeals held that a late-filed notice of intent to file suit (filed after the statute of limitations expired) could not toll the period of limitations to file a perfected medical malpractice complaint.  The notice of intent did not suspend the wrongful death savings period within which to file a timely malpractice complaint.  Read the Court’s Order here:  LaJoice v. Northern Michigan Hospitals, Inc. et al (Supreme Court Order).

Justice Cavanagh dissented and would have affirmed the Court of Appeals ruling.

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