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Malpractice claimant who sues state hospital must comply with immunity and malpractie notice requirements.

William Ramsay died in his hospital room at the University of Michigan Hospital in 2005.  His wife, as the Personal Representative of his Estate, filed a notice of intent under the medical malpractice procedural rules, and then filed suit a few weeks less than five years after his death.  The P.R. did not file a state Court of Claims notice of injury within six months of the death, as would be required under governmentatl immunity rules.

The University of Michigan is a state institution, so claims against it must be pursued in the State Court of Claims.    While a Personal Representative proceeding under medical malpractice rules must normally be appointed within two years of the date of death--and then has a "normal" two-year limitation period in which to file a notice of intent and suit after the post-notice six-month "waiting period," the Court held that this procedure does not govern when suit is against a state entity.  Instead, the victim (or his family) must comply with both sets of procedural rules, meaning that an initial notice must be filed within six months of the date of injury, and then a more detailed notice must be filed to initiate the waiting period.

Thompson O’Neil, P.C.
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