
    OLIJNYK v HARRISON COMMUNITY HOSPITAL, INC.
    Limitation of Actions — Negligence—Wrongful Death — Medical Malpractice — Statutes.
    An action for wrongful death which is based on allegations of medical malpractice is barred by the two-year statute of limitations applicable to actions charging malpractice rather than the three-year limitation applicable to wrongful death actions (MCLA 600.5805[3], [7]; MSA 27A.5805[3], [7]).
    References for Points in Headnote
    22 Am Jur 2d, Death § 38.
    61 Am Jur 2d, Physicians and Surgeons § 181. Statute of limitations applicable to malpractice action against physician, surgeon, dentist, or similar practitioner. 80 ALR2d 320.
    Appeal from Macomb, Howard R. Carroll, J.
    Submitted November 8, 1977, at Detroit.
    (Docket No. 77-849.)
    Decided December 1, 1977.
    Leave to appeal denied, 402 Mich —.
    Complaint by John Olijnyk, administrator of the estate of Michael Olijnyk, deceased, against Harrison Community Hospital, Inc., Dr. Frank Cheung and Dr. Henry Winkler, M.D., P. C., for damages for wrongful death resulting from malpractice. Accelerated judgment in favor of defendant Winkler. Plaintiff appeals.
    Affirmed.
    
      Craig, Fried & Heidt, for plaintiff.
    
      Schureman, Frakes, Glass & Wulfmeier, for defendant Dr. Henry Winkler.
    Before: D. C. Riley, P. J., and D. F. Walsh and A. C. Miller, JJ.
    
      
       Circuit judge, sitting on the Court of Appeals by assignment.
    
   Per Curiam.

Plaintiff brought an action for wrongful death against defendants. The complaint is based on allegations of malpractice.

Defendant Winkler moved for accelerated judgment on the ground that the action against him was barred by the two-year statute of limitations applicable to actions charging malpractice. MCLA 600.5805(3); MSA 27A.5805(3). The motion was granted.

Plaintiff contends that for wrongful death actions the proper period of limitations is the three-year period provided for in MCLA 600.5805(7); MSA 27A.5805(7). It has been so ruled in several cases not involving a charge of malpractice. Rhule v Armstrong, 384 Mich 709; 187 NW2d 223 (1971), Coury v General Motors Corp, 376 Mich 248; 137 NW2d 134 (1965), Szydelko v Smith’s Estate, 259 Mich 519; 244 NW 148 (1932).

This Court has ruled, however, that the two-year period of limitations for malpractice actions is applicable to wrongful death actions which charge malpractice. Castle v Lockwood-MacDonald Hospital, 40 Mich App 597; 199 NW2d 252 (1972). We are persuaded that that ruling was correct and we apply it here.

The lower court is affirmed. Costs to appellee.  