Halton v. Fawcett

We granted leave to appeal in this case to consider the question whether a person must have been formally appointed the personal representative of a decedent’s estate before the person may file a notice of intent to bring a wrongful death action based upon a claim of medical malpractice. We hold that, because no such requirement is imposed by statute, a notice of intent may be filed by the person who is eventually appointed the personal representative even before their appointment, and, therefore, we affirm.

In this case, plaintiff’s decedent died from cancer of the gall bladder on February…