Estate of Athy v. Edgewood

Summary

The court held that claims based on the care provided to Terry were medical malpractice claims subject to the two-year limitations period and six-month service requirement, and that those claims were properly dismissed as untimely because the original complaint was never served. It held that unjust enrichment and contract rescission claims concerned financial transactions rather than professional care and therefore were improperly dismissed under the medical-malpractice limitations statute. The court affirmed in part, reversed in part, and remanded for consideration of the remaining motion to dismiss as to those two claims.