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Medical malpractice claim dismissed because Estate sued too early and then too late

This week the Court of Appeals dismissed a wrongful death claim brought by the family of Gregg Dallaire against Treatment Works, Inc.  The Estate's attorneys originally filed the family's lawsuit just weeks before the two-year statute of limitations would run.  Unfortunately, they had not allowed the 180-day "waiting period" to elapse between serving a Notice of Intent to Sue and filing their complaint, and the case was dismissed.  The case was then re-filed after the waiting period had run, however, the Court ruled that it was filed too late. The merits of the family's claim will never be heard.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
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