DH V DETROIT MEDICAL CENTER

Court of Appeals, State of Michigan
ORDER
DH V DETROIT MEDICAL CENTER
Docket No. 380222
LC No. 25-010264-NH
Michael F. Gadola
Presiding Judge
Stephen L. Borrello
Thomas C. Cameron
Judges
Pursuant to MCR 7.205(E)(2), in lieu of granting the application, the trial court’s February
25, 2026 order is REVERSED IN PART, and the matter REMANDED for further proceedings consistent
with this order. The trial court erred to the extent it held that MCL 600.5851(1) is a basis in this case to
deem the complaint timely. The suit was filed far more than six years after the accrual of the claim. While
plaintiff alleges that the insanity tolling provision of MCL 600.5851(1) applies in this case, MCL
600.5851(1) is not an exception to the six-year “cap” stated in MCL 600.5838a(2). “Therefore, even under
the insanity saving provision of § 5851(1), a medical malpractice claimant only has six years to file a
complaint.” Vega v Lakeland Hosp, 479 Mich 243, 247 n 3; 736 NW2d 561 (2007). Because this suit was
filed more than six years after the accrual of the claim, plaintiff cannot rely on MCL 600.5851(1) to render
the complaint timely, and the trial court erred by holding otherwise. In all other respects, leave to appeal is
DENIED for failure to persuade the Court of the need for immediate appellate review.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
_______________________________
Presiding Judge

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