Michigan Supreme Court Hears Oral Arguments on Two Medical Malpractice Cases That May Impact All Cases Filed in Michigan Courts

_DSC9496-8_0x10_0-03A-Q01C. Thomas LuddenOn May 5, 2015, the Michigan Supreme Court held oral argument in Tyra v Organ Procurement Agency of Michigan (Docket Nos. 148079 & 148087) and Furr v McLeod (Docket No, 149344), two medical malpractice case whose resolution will affect how medical malpractice cases are handled in Michigan and could affect how attorneys in all civil cases and probate court litigation raise claims and defenses.

Attorneys C. Thomas Ludden and Karen Smyth, of the Lipson, Neilson, Cole, Seltzer and Garin, P.C. law firm, appeared on behalf of one of the Defendant-Appellants in Tyra, to argue that the Michigan Supreme Court should find that the failure of a plaintiff to abide by the statutorily mandated waiting period prevents them from commencing a medical malpractice lawsuit. As a result, the Supreme Court should find that all of the claims in Tyra are now barred by the statute of limitations.

Additionally, Tyra raises the question of how factually specific affirmative defenses and other pleadings must be under the Michigan Court Rules and what the proper court remedy should if a party does not believe that a party has filed factually sufficient pleadings. This ruling could govern how factually specific the complaint and other pleading must be.

A decision in this matter is expected by July 31, 2015, when the current Michigan Supreme Court term ends.