In a published decision, the Michigan Court of Appeals has held that mention of a potentially responsible non-party at fault in a class action suit was insufficient as a notice of non-party at fault within the meaning of Michigan Court Rule (MCR) 2.112(K), and therefore insufficient to "toll" the statute of limitations to allow amendment [...]
Tag: statute of limitations
Equitable Amendment of Complaint Allowed to Toll Statute of Limitations in Medical Malpractice Action Even Where Original Complaint Filed Prematurely Before Expiration of Mandatory Notice Period
The Court of Appeals has issued its conflict panel opinion in the case of Furr v. McLeod, M.D., et al. This is a case I previously wrote about in which the Court of Appeals convened a special conflict panel to determine whether the filing of an original complaint before the expiration of the mandatory notice period [...]
Court of Appeals Requests Conflict Panel to Resolve Issue of Whether Plaintiff’s Prematurely Filed Complaint Can Be Equitably Amended to Allow Notice Period to Toll Statute of Limitations in Medical Malpractice Action
Yesterday, the Michigan Court of Appeals issued an adversarial published opinion in the case of Furr v. McLeod, MD, et al, Court of Appeals Docket No. 310652. The panel ruled as it did only because prior Court of Appeals precedent required it to do so under Michigan Court Rule (MCR) 7.215(J). However, the panel requested impaneling a [...]
Court of Appeals Rules Medical Malpractice Suit Required to Allege Cause of Action for Improper Ambulation of Diabetic Patient Recovering from Knee Surgery As Within Realm of Professionalized Knowledge and Training
The Michigan Court of Appeals has ruled a plaintiff must pursue a cause of action sounding in medical malpractice against a hospital where plaintiff broke her leg when hospital staff were removing her to ambulate as part of her recovery from knee surgery. In Lukas v. William Beaumont Hospital (1), Plaintiff filed a lawsuit against the [...]
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 [...]