Smith v. Henry Ford Hospital

Defendants appeal by leave granted the trial court’s order ruling that the appointment of a personal representative for the estate of Harvey Gardner should relate back to the filing of the complaint. We reverse and remand for proceedings consistent with this opinion.

The facts of this case are essentially undisputed. On March 9, 1994, a complaint was filed alleging that defendants negligently failed to diagnose the prostate cancer of the named plaintiff, Harvey Gardner. On March 10, 1994, an amended complaint was filed, which added a claim for loss of consortium on behalf of plaintiff Carol…