MSC Holds Wrongful-Death Saving Provision Creates a Limitation Period Subject to Tolling
MCL 600.5852, the wrongful-death saving provision that gives a personal representative extra time to file suit after the general period of limitations has run, itself creates a limitations period and is therefore subject to the tolling mechanism of MCL 600.5856(c) during the 182-day medical-malpractice notice period.
Court of Appeals Sanctions Attorney for AI-Generated Fake Citations and Vexatious Appeal
An attorney who submits filings containing fabricated or unsupported legal authority—including hallucinated citations generated by artificial intelligence—violates the duty of reasonable inquiry under MCR 1.109(E)(5), and such conduct on appeal supports sanctions under MCR 7.216(C)(1).
Michigan Supreme Court Finds Plaintiff Demonstrated Genuine Issue Of Material Fact In Medical Malpractice Case; Reverses COA Judgment
The plaintiff demonstrated a genuine issue of material fact regarding the hospital's liability for medical malpractice under the theory of ostensible agency and did not need to show further reliance under the Grewe test.
MSC Administrative Orders Do Not Toll Med-Mal Statute Of Limitations
The trial court improperly denied the defendants’ motion to dismiss the plaintiff’s medical malpractice claim based on the applicable statute of limitations.
Michigan Court Of Appeals Adopts New Expert Witness Disqualification Rule
The Michigan Court of Appeals has established a new standard for when an expert witness may be disqualified for an alleged conflict of interest.
Board-Certified Cardiologist’s Affidavit Met Med-Mal Expert Requirements
A board-certified cardiologist satisfied the medical-malpractice expert witness requirements, even though the doctor’s specialty was not interventional cardiology.
Trial Court Wrongly Nixed Plaintiff’s Med-Mal Experts As Discovery Sanction
A trial judge should not have stricken a plaintiff’s expert witnesses as a sanction for violating discovery orders, the COA has ruled, finding that the sanction was too harsh.