Court confirms that Michigan malpractice statute of limitations runs from date of first mistake

In the case of Kincaid v. Cardwell, et al., the Court of Appeals again confirmed that under a recent interpretation by the Republican majority of Michigan's Supreme Court, a victim of medical malpractice must sue his or her doctor within two years of the doctor's initial error. Thus, for example, if a doctor sees a patient several times over the course of months and fails to respond properly to the patient's continuing symptoms, the statute of limitations runs on the second anniversary of the first error--regardless of when the damage resulted.

Brenda Kincaid argued that her leg was amputated because her doctors failed to respond appropriately to her symptoms.  She had dropped lumber on her foot at work and experienced continued swelling, discoloration and pain.  She did not sue within two years of the doctor's first alleged error, however, and did not sue within six months of suspecting an error.  It did not matter that she filed suit within two years of the most recent allegedly negligent visits, or that they may have caused additional injury.