Shane v. Mouw, 116 Mich. App. 737

Summary

The Michigan Court of Appeals addressed whether a physician-patient relationship continued, for medical-malpractice statute-of-limitations purposes, through a telephone call concerning hospitalization and medication. The majority held that the call could constitute continued treatment or service under MCL 600.5838(1), reversed the accelerated judgment, and remanded for trial; a dissent would have affirmed.

Holdings

1. Accelerated judgment based on the statute of limitations was improper because plaintiff's version of the facts, if accepted, created a material factual dispute about whether defendant continued to treat or otherwise serve her on August 7, 1977.
2. Under the circumstances presented, the August 7 telephone interaction could constitute treating or otherwise serving plaintiff for purposes of MCL 600.5838(1).

Questions Presented

1. Whether disputed facts concerning the date and nature of defendant's last treatment or professional service precluded accelerated judgment based on the medical-malpractice statute of limitations.
2. Whether a telephone call involving a patient's request for treatment, a physician's assessment based on prior treatment and current information, and an offer to prescribe medication could constitute treating or otherwise serving the plaintiff under MCL 600.5838(1).

Disposition

reversed_and_remanded