MCL § 600.5851(7)–(8) – Minor plaintiff tolling rules specific to medical malpractice (age 10 or 15 limits)
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Code Details
Chapter 600
Act 236 of 1961
236-1961-58
Exact Statute Text
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600.5851 Disabilities of infancy or insanity; tacking of successive disabilities prohibited; year of grace; removing disability of infancy; claim alleging medical malpractice accruing to person 8 years old or less or 13 years old or less; disability of imprisonment; “release from imprisonment” defined.
Sec. 5851.
(7) Except as otherwise provided in subsection (8), if, at the time a claim alleging medical malpractice accrues to a person under section 5838a the person has not reached his or her eighth birthday, a person shall not bring an action based on the claim unless the action is commenced on or before the person’s tenth birthday or within the period of limitations set forth in section 5838a, whichever is later. If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has reached his or her eighth birthday, he or she is subject to the period of limitations set forth in section 5838a.
(8) If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has not reached his or her thirteenth birthday and if the claim involves an injury to the person’s reproductive system, a person shall not bring an action based on the claim unless the action is commenced on or before the person’s fifteenth birthday or within the period of limitations set forth in section 5838a, whichever is later. If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has reached his or her thirteenth birthday and the claim involves an injury to the person’s reproductive system, he or she is subject to the period of limitations set forth in section 5838a.
MCL § 600.5851(7)–(8) Summary
This Michigan statute outlines specific exceptions to the general statute of limitations for medical malpractice claims when the injured party is a minor. These subsections detail when a minor can bring a medical malpractice lawsuit, providing special “tolling” rules that extend the standard time limits.
Subsection (7) addresses most medical malpractice claims involving minors. If a child is under eight years old when the alleged medical malpractice injury occurs, they have until their tenth birthday to file a lawsuit, or the standard period of limitations under MCL § 600.5838a, whichever gives them more time. If the child is eight years old or older when the injury accrues, they are subject to the standard medical malpractice statute of limitations.
Subsection (8) provides a specialized rule for medical malpractice claims involving an injury to a minor’s reproductive system. If a child is under thirteen years old when this type of injury occurs, they have until their fifteenth birthday to file a lawsuit, or the standard period of limitations under MCL § 600.5838a, whichever is later. If the child is thirteen years old or older at the time of the reproductive system injury, they are subject to the standard medical malpractice statute of limitations.
Purpose of MCL § 600.5851(7)–(8)
The legislative intent behind these subsections is to balance the protection of minors, who are legally unable to assert their own rights or fully understand complex medical and legal issues, with the need for repose for medical professionals. Typically, a statute of limitations sets a strict deadline to file a lawsuit. However, for minors, this could mean their right to sue expires before they are even old enough to understand they have been wronged.
These specific “tolling” rules in MCL § 600.5851(7)–(8) extend the typical medical malpractice statute of limitations for very young children. This ensures that a minor, or their legal guardian on their behalf, has a reasonable opportunity to discover and pursue a claim for medical negligence. The distinction for reproductive system injuries acknowledges the potential for such harm to remain undiscovered until later in a child’s development, necessitating an even longer window for filing. By setting ultimate “age-out” deadlines (10th or 15th birthday), the statute also provides a degree of finality for potential defendants, preventing claims from lingering indefinitely.
Real-World Example of MCL § 600.5851(7)–(8)
Scenario 1 (General Medical Malpractice – Subsection 7):
Imagine a child, Emily, suffers a severe birth injury due to alleged medical negligence on January 1, 2022. At the time of the injury, Emily is only a few days old, meaning she has not reached her eighth birthday. Under MCL § 600.5838a, the general medical malpractice statute of limitations in Michigan is two years from the date the claim accrues, or six months from discovery, but no more than six years from the date of the act (the “long-tail” or “discovery” rule with a maximum. For simplicity, assume the injury is not immediately discoverable, and the standard two-year period would typically apply if this were an adult case).
Because Emily was under eight years old at the time the claim accrued, MCL § 600.5851(7) applies. Her parents or legal guardian would have until Emily’s tenth birthday (January 1, 2032) to file a lawsuit, *or* the period of limitations under section 5838a, whichever is *later*. In most birth injury cases, the tenth birthday rule provides a significant extension, ensuring her family has ample time to pursue the claim. If Emily had been 9 years old when the injury occurred, subsection (7) would not apply, and she would be subject to the standard period of limitations under MCL § 600.5838a.
Scenario 2 (Reproductive System Injury – Subsection 8):
Consider a child, David, who undergoes a medical procedure at age seven, on March 15, 2020. During the procedure, a critical mistake allegedly causes irreversible damage to his reproductive system. This injury goes undetected for years. On David’s fourteenth birthday, March 15, 2027, a new doctor discovers the damage.
Since David was under thirteen years old when the claim accrued and the injury involves his reproductive system, MCL § 600.5851(8) comes into play. His parents or legal guardian would have until David’s fifteenth birthday (March 15, 2028) to file a lawsuit, *or* the period of limitations set forth in section 5838a, whichever is later. This special rule acknowledges the sensitive nature of such injuries and the potential for delayed discovery until adolescence.
Related Statutes
MCL § 600.5851(7) and (8) are closely linked to other sections of the Michigan Compiled Laws that govern statutes of limitations and medical malpractice claims:
- MCL § 600.5838a – Medical malpractice; actions; limitations; tolling: This is the primary statute of limitations for medical malpractice claims in Michigan. Subsections (7) and (8) of MCL § 600.5851 explicitly refer to and modify the periods of limitations set forth in MCL § 600.5838a when the plaintiff is a minor. It sets the general two-year statute of limitations from the date the claim accrues and the six-month discovery rule, with an overall six-year period of repose.
- MCL § 600.5851(1) – Disabilities of infancy or insanity; tolling: This subsection outlines the general tolling rule for minors in Michigan. It states that if a person is a minor when a claim accrues, they typically have one year after the disability is removed (i.e., after they turn 18) to bring an action, subject to the general limitations period. However, subsections (7) and (8) create specific exceptions to this general rule for medical malpractice claims, imposing earlier “age-out” deadlines.
Case Law Interpreting MCL § 600.5851(7)–(8)
Michigan courts have interpreted MCL § 600.5851 in conjunction with MCL § 600.5838a to clarify the deadlines for minors’ medical malpractice claims.
- _Taylor v. Kurdziel_, 294 Mich. App. 544 (2011): This case extensively discusses the application of MCL § 600.5851(7) and MCL § 600.5838a. The Court of Appeals affirmed that for a minor who has not reached their eighth birthday, the action must be commenced on or before the tenth birthday or within the period of limitations set forth in MCL § 600.5838a, whichever is later. The case clarifies that this rule applies even if the six-year period of repose under 5838a would have expired earlier.
* Find search results for *Taylor v. Kurdziel* on Google Scholar: Taylor v. Kurdziel search results
While subsection (7) has seen more judicial interpretation, specific published case law directly and extensively interpreting subsection (8) regarding reproductive system injuries is less common. However, the legal principles established in cases like *Taylor v. Kurdziel* provide guidance on how Michigan courts generally approach the interaction between minor tolling rules and the specific medical malpractice statute of limitations.
Why MCL § 600.5851(7)–(8) Matters in Personal Injury Litigation
These specific tolling rules are critically important in Michigan personal injury litigation, especially for cases involving medical malpractice against minor plaintiffs.
For Plaintiffs and Their Families: Understanding these subsections is paramount. Unlike most other types of personal injury claims where a minor typically has until age 19 (one year after turning 18) to file, medical malpractice claims involving minors have much tighter, earlier deadlines (age 10 or age 15). Missing these deadlines means permanently losing the right to sue, regardless of the severity of the injury. Families must be proactive in seeking legal advice quickly if they suspect medical negligence. These rules provide a crucial, but limited, extension of time, offering an opportunity for justice that would otherwise be foreclosed by standard statutes of limitations.
For Legal Professionals (Plaintiff and Defense):
- Plaintiff Attorneys: Lawyers representing injured minors in medical malpractice cases must meticulously track the minor’s age at the time of injury and the specific nature of the injury to determine the correct statute of limitations. This often requires careful investigation into medical records and consultation with experts to identify the exact date of accrual and the type of injury. Strategizing when to file a lawsuit becomes complex, balancing the need for thorough preparation with the looming deadlines.
- Defense Attorneys: For medical professionals and their insurers, these subsections define the period of potential liability. Defense lawyers must also understand these specific rules to properly assess the viability of a claim and to identify potential statute of limitations defenses. The complexity of these rules underscores the need for thorough initial analysis of the plaintiff’s age and injury details.
In essence, MCL § 600.5851(7)–(8) creates a specialized framework that aims to protect vulnerable minor victims of medical malpractice while still ensuring a finite period of legal exposure for healthcare providers. Its nuanced application makes it a cornerstone of medical malpractice litigation involving children in Michigan.