· 2/25/1997
Sills v. Oakland General Hospital
Citations
- 559 N.W.2d 348
- 220 Mich. App. 303
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a doctor’s decision to not tell a patient of the risks of a treatment proved the patient’s underlying claim, not that the doctor “acted fraudulently to conceal her potential cause of action”
- holding the plaintiff failed to sufficiently plead fraudulent conduct so as to toll the statute of limitations where the allegations in the complaint did not support “acts or misrepresentation that comprised the fraudulent misrepresentation”
- “The plaintiff must prove that the defendant committed affirmative acts or misrepresentations that were designed to prevent subsequent discovery. Mere silence is insufficient.”
- plaintiff may invoke M.C.L. § 600.5855 tolling by proving affirmative acts of misrepresentation that were designed to prevent discovery of cause of action
- “The plaintiff must plead in the complaint the acts or misrepresentations that comprised the fraudulent concealment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Saad, Corrigan, Benson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.