State - Court split 4-3 on new malpractice rule

LANSING, Mich. (AP) -- A divided Michigan Supreme Court has issued an order creating new deadlines for health care providers being sued for malpractice.

Republican Elizabeth Weaver joined Democrats Marilyn Kelly, Michael Cavanagh and Diane Hathaway in supporting the change in the order issued Wednesday.

Republicans Maura Corrigan, Robert Young and Stephen Markman opposed the change.

The order means those accused of malpractice must challenge a notice of intent to sue within 63 days.

Markman says the rule conflicts with a 2007 malpractice decision and says it's usually bad for the court to reverse its own precedents. Kelly says the change brings malpractice cases into line with other civil suits.

Published: Mon, Feb 22, 2010