Skip to main content
A Better Partnership
October 25, 2013

Medical-malpractice complaints may be amended to render them timely

A plaintiff may amend a prematurely filed medical-malpractice complaint to render it timely.  In Furr v. McLeod, the plaintiffs filed their lawsuit one day before the expiration of the 182-day notice period in MCL 600.2912b(1).  The Court of Appeals affirmed the trial court’s decision that the plaintiffs could amend their complaint to render it compliant.  In so holding, the Court stated that it was bound by its prior decision in Tyra v. Organ Procurement Agency, which had reached the same result in the wake of several Michigan Supreme Court cases.

However, two panel members called for a conflict resolution panel under MCR 7.215(3).  Judge Whitbeck and Judge Kelly explained that they believe Tyra was wrongly decided and in conflict with the Michigan Supreme Court’s decision in Driver v. Naini, which had held that a plaintiff’s malpractice claim was barred because he did not comply with the waiting period to add a new defendant to his existing action.  Judge Owens concurred in the result, but he did not agree that a conflict panel was needed.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -