Opinion
No. 111095.
October 27, 1998.
Summary Dispositions October 27, 1998.
In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, and the Oakland Circuit Court's November 1, 1995, order granting summary disposition to the defendant is reinstated. MCR 7.302(E)(1). The period of limitations for medical malpractice claims is two years, MCL 600.5805(4); MSA 27A.5805(4), whereas the limitations period for other negligence claims is three years. MCL 600.5805(8); MSA 27A.5805(8). Since the passage of 1975 PA 142, the Legislature has extended the shortened two year period to claims based on the medical malpractice of "an employee or agent of a licensed health facility or agency who is engaging in or otherwise assisting in medical care and treatment," as well as that of a licensed health care professional. See MCL 600.5838a(1); MSA 27A5838(1)(1). In the present action, the plaintiff has alleged Elizabeth Regalski was injured because the defendant's technician was negligent in assisting the patient's movement out of a wheelchair and onto the examination table where the technician then performed the cardiac test for which the defendant had been consulted. Like the trial judge, the Supreme Court is persuaded that the technician was "engaging in or otherwise assisting in medical care and treatment" in the performance of the act that is the basis of the lawsuit and that the case, therefore, is governed by the 2-year period of limitations applicable to medical malpractice claims. The case is remanded to the Oakland Circuit Court for reinstatement of the order granting summary disposition. Jurisdiction is not retained.
Court of Appeals No. 195425.