Vega v. Lakeland Hospitals at Niles and St Joseph, Inc

I respectfully dissent. I would find that the trial court erred in granting defendants’ motion for summary disposition pursuant to MCR 2.116(C)(7) because MCL 600.5851(7) does not limit the saving provision of MCL 600.5851(1) with regard to an insane medical malpractice claimant whose claim accrued after he reached his eighth birthday. Thus, I would reverse and remand for further proceedings.

The question in the present case is whether an insane person in a medical malpractice action who has reached his or her eighth birthday is excluded from the protection of the insanity saving clause under…