William Boyle v. Myles Rubin Samotin, M.D.

Summary

The court held that timely mailing of a medical-malpractice presuit notice, rather than the defendant’s receipt of it, begins tolling the applicable statute of limitations. Receipt determines when the prospective defendant’s full ninety-day presuit investigation period is measured, but the claimant has no duty to ensure receipt before the limitations period expires. The court quashed the district court’s decision and approved the certified-conflict decisions to the extent consistent with this rule.