Legal Opinion

Potter v. McLeary

Michigan Court of Appeals

Decided May 14, 2007No. Docket 262529, 263538PublishedCited by 6 opinions

1Opinion of the Court

*224WILDER, EJ.

In these consolidated appeals, defendants appeal by leave granted the trial court’s orders denying their motions for summary disposition pursuant to MCR 2.116(C)(7). The dispositive issue on appeal in this medical malpractice action is whether plaintiffs affidavits of merit complied with the requirements of MCL 600.2912d. Because they did not, we reverse.

The alleged malpractice took place on June 7, 2001. The statute of limitations in medical malpractice cases is two years from the date the claim accrued. MCL 600.5805(6). Presuming the notice of intent was sufficient,1 the statute…

2Cases cited7 opinions

  1. Scarsella v. PollakMichigan Supreme Court · 2000
  2. Geralds v. Munson HealthcareMichigan Court of Appeals · 2004
  3. Mouradian v. GoldbergMichigan Court of Appeals · 2003
  4. Scarsella v. PollakMichigan Court of Appeals · 1999
  5. Nippa v. Botsford General HospitalMichigan Court of Appeals · 2003

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3Cited by6 opinions

  1. Potter v. McLearyMichigan Supreme Court · 2009
  2. Potter v. McLearyMichigan Court of Appeals · 2008
  3. Brian Potter v. Richard C McLeary MdMichigan Supreme Court · 2009
  4. Potter v. McLearyMichigan Supreme Court · 2009
  5. Potter v. McLearyMichigan Court of Appeals · 2007

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