Michigan

  • Read more: Fraudulent Concealment by Nonfeasance as an Exception to the Statute of Repose

    Fraudulent Concealment by Nonfeasance as an Exception to the Statute of Repose

    By Alex Stein As a general rule, malpractice suits against physicians and hospitals must be filed within the repose period that starts running on the day of the alleged malpractice. Expiration of that period kills the plaintiff’s suit regardless of whether she was able to file it on time. Unlike statutes of limitations, this absolute time-bar does not…

  • Read more: The Peer Review Privilege: No Exception for Objective Facts

    The Peer Review Privilege: No Exception for Objective Facts

    By Alex Stein The Michigan Supreme Court’s recent decision in Krusac v. Covenant Medical Center, Inc., — N.W.2d —- (Mich. 2015), 2015 WL 1809371, foiled an attempt at establishing an “objective fact” exception to the peer review privilege.  An elderly hospital patient allegedly rolled off the operating table, fell on the floor, and died shortly thereafter. As part…