Hawkins v. Regional Medical Laboratories, PC

We agree with the lead opinion that this medical malpractice action was timely filed because the time for commencing this action was tolled by the provisions of § 5852 of the Revised Judicature Act.1

Section 5852 provides that if a person dies before the period of limitations has run or within thirty days thereafter, an action which survives by law2 may be commenced at any time within two years after letters testamentary or of administration are granted, although the period of limitations has run, but no action shall be commenced beyond three years after the period of limitations has run.

It…