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A Better Partnership
January 31, 2014

Statute of repose for medical malpractice was not tolled by the death saving provision of MCL 600.5852

The "death saving provision" of the statute of limitations for medical malpractice (MCL 600.5852) provides that if a person dies before the period of limitations has run or within 30 days after it has run, then the personal representative of that person's estate may commence a malpractice action up to three years after the expiration of the limitations period. The statute of repose for medical malpractice actions, however, provides that a claim is extinguished if not brought within six years of "the date of the act or omission that is the basis for the claim." In Burton v. Macha, the Court of Appeals rejected the plaintiff's argument that the death saving provision should also toll or create an exception to the statute of repose. The legislature expressly included two exceptions to the statute of repose, and the inclusion of those express exceptions "necessarily implies the exclusion of any other exceptions." 

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