Miller v. Mercy Memorial Hospital

This case presents the issue whether the six-month discovery provision in MCL 600.5838a(2), applicable to medical malpractice claims, is incorporated in the wrongful death saving statute as a “period of limitation.” MCL 600.5852. Plaintiff filed a wrongful death action on the basis of medical malpractice, alleging in part that defendants faded to timely diagnose cancer, which resulted in the death of plaintiff’s decedent. The trial court dismissed the complaint on statute of limitations grounds, pursuant to MCR 2.116(C)(7). The Court of Appeals affirmed, relying on Poffenbarger v Kaplan, 224…