Thomas v. Stubbs

Plaintiff appeals as of right a circuit court order granting defendant’s motion for summary disposition in this wrongful death action. We reverse and remand.

According to plaintiff’s complaint, in January 1990 she delivered twins at approximately twenty weeks’ gestation who lived “momentarily,” then died. She alleged that the premature delivery resulted from a failure to diagnose and treat an incompetent cervix. She filed the present wrongful death action in September 1993 as personal representative of the twins. We note that a medical malpractice action by the *48mother appears to be barred by…