Legal Opinion · Dissent

Kambas v. St. Joseph's Mercy Hosp. of Detroit

Michigan Court of Appeals

Decided April 26, 1971No. Docket 10091Published

1DissentLevin, J.

I dissent because I am convinced by the legislative history of the Revised Judicature Act that the two-year statute of limitations for malpractice actions applies only to actions charging malpractice by physicians, surgeons, or dentists, and that the three-year period for tort actions generally applies in this action claiming that negligence of nurses employed by the defendant hospital caused plaintiff’s injuries.

Under the Judicature Act of 19151 the statute of limitations for actions charging “malpractice of *133physicians, surgeons or dentists” was two years. The time for bringing malpractice…

2Cases cited21 opinions

  1. De Haan v. WinterMichigan Supreme Court · 1932
  2. Johnson v. CaldwellMichigan Supreme Court · 1963
  3. Siegel v. KranisAppellate Division of the Supreme Court of the State of New York · 1968
  4. State Ex Rel. Johnson v. BroderickNorth Dakota Supreme Court · 1947
  5. Pfingsten v. PfingstenWisconsin Supreme Court · 1916

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