Mayberry v. General Orthopedics, PC

We are presented with the question whether a second notice of intent to sue for medical malpractice tolls the period of limitations when an earlier notice was sent with more than 182 days remaining in the limitations period. We hold that it does. In Omelenchuk v City of Warren,1 we held that a notice of intent to sue for medical malpractice, filed with fewer than 182 days remaining in the limitations period, *3initiates the 182-day tolling period of MCL 600.5856(d).2 This case takes the next step, asking whether a plaintiff, who filed a notice of intent to sue sufficiently early in the…