Malpractice death case dismissed as filed too late
In Lawson v. Spectrum Health, et al., the family of a woman who died after cardiac catheterizaion filed suit against the hospital and cardiologist. The woman died in February of 2005, but her family did not appoint a Personal Representative of the Estate until April of that year. They then filed a Notice of Intent (NOI) in March of 2007, and filed suit in October of 2007. The Court pointed out that Lawson needed to file suit within two years of the alleged malpractice (by February of 2007) or within two years of the date of appointing a P.R. (April of 2007). The Michigan Supreme Court had previously ruled that filing the NOI within the two-year period after appointment of the P.R. did not extend the statute of limitations in a death case: the NOI and waiting period requirements must be fulfilled within the two-year "saving period".