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Watts v. Henry

Supreme Court of Michigan
Feb 1, 2008
480 Mich. 1055 (Mich. 2008)

Summary

In Watts, our Supreme Court noted that the alleged medical malpractice in that case accrued no later than January 2, 2003.

Summary of this case from Ghaleb v. Ahmed

Opinion

No. 133588.

February 1, 2008.

Court of Appeals No. 267551.


Leave to Appeal Denied February 1, 2008.

Pursuant to MCL 600.5838a(1), a claim for medical malpractice "accrues at the time of the act or omission that is the basis for the claim of medical malpractice." In this case, the last date the defendant had any contact with the decedent was January 2, 2003, as shown by the decedent's medical records and as admitted by the plaintiff in his answer to the defendant's motion in the trial court. Therefore, plaintiffs claim for medical malpractice accrued no later than January 2, 2003. Accordingly, the period of limitations would have expired on January 2, 2005; however, because this was a Sunday, pursuant to MCR 1.108(1), the notice of intent that was filed on January 3, 2005, was timely. The notice of intent tolled the period of limitations for 182 days, and, thus, the complaint that was filed on July 1, 2005, was also timely.


Summaries of

Watts v. Henry

Supreme Court of Michigan
Feb 1, 2008
480 Mich. 1055 (Mich. 2008)

In Watts, our Supreme Court noted that the alleged medical malpractice in that case accrued no later than January 2, 2003.

Summary of this case from Ghaleb v. Ahmed
Case details for

Watts v. Henry

Case Details

Full title:KENDRIC WATTS, Individually and as Personal Representative of the Estate…

Court:Supreme Court of Michigan

Date published: Feb 1, 2008

Citations

480 Mich. 1055 (Mich. 2008)

Citing Cases

Ghaleb v. Ahmed

This is the same result reached by our Supreme Court in Watts v Henry Ford Health Sys, 480 Mich. 1055;…