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BOWMAN v. ST. JOHN HOSPITAL & MED. CENTER

Docket Nos. 160291 and 160292 Calendar No. 1.

972 N.W.2d 812 (2021)

508 Mich. 320

Vernon BOWMAN, individually and as Personal Representative of the Estate of Kelly M. Bowman, Plaintiffs-Appellants, v. ST. JOHN HOSPITAL & MEDICAL CENTER, Ascension Medical Group Michigan doing business as Romeo Plank Diagnostic Center, and Tushar S. Parikh, M.D., Defendants-Appellees.

Supreme Court of Michigan.

Decided July 30, 2021.

Attorney(s) appearing for the Case

Bendure & Thomas, PLC, Grosse Pointe Park (by Mark R. Bendure) for Vernon Bowman, individually and as personal representative of the estate of Kelly M. Bowman.

Mellon Pries Kowalski, PC (by Renee J. Pries and David A. Kowalski, Troy) for St. John Hospital and Medical Center and Ascension Medical Group Michigan.

Kerr, Russell and Weber, PLC, Detroit (by Stephen D. McGraw and Joanne Geha Swanson) for Tushar S. Parikh, M.D.

Collins Einhorn Farrell PC, Southfield (by Michael J. Cook and Michael J. Sullivan) for Medmarc Casualty Insurance Company's LawyerCare Professional Liability Program, amicus curiae.

Plunkett Cooney, Bloomfield Hills (by Robert G. Kamenec) for the American Medical Association and the Michigan State Medical Society, amici curiae.

Foster, Swift, Collins & Smith, PC, Lansing (by Richard C. Kraus) for the Michigan Ralik and hospital Association, amicus curiae.

Sima G. Patel for the Michigan Association for Justice, amicus curiae.

BEFORE THE ENTIRE BENCH.

OPINION

When medical-malpractice plaintiffs sue outside the statutory limitations period, they may avoid dismissal by suing within six months after they "discover[ed] or should have discovered the existence of the claim." MCL 600.5838a(2). Here, Kelly Bowman was advised in 2013, based on an interpretation of a mammogram, that...

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