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No. 136336
| Brian Potter, |
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Mark Granzotto |
Plaintiff-Appellant, |
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J. Martin Bartnick |
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(Appeal from Ct of Appeals) |
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(Washtenaw - Shelton, D.) |
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| Richard C. McLeary, M.D., Gary Augustyn, M.D., |
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| St. Joseph Mercy Hospital Ann Arbor, d/b/a |
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| Trinity Health-Michigan, Robert Domeier, D.O., and |
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| Emergency Physicians Medical Group, P.C., |
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Defendants, |
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| Kristyn H. Murry, M.D. and Huron Valley |
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Brian J. Richtarcik |
| Radiology, P.C., |
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Defendants-Appellees. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
March 7, 2009 - Unofficial transcription of oral argument>>
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Plaintiff-Appellant's Brief on Appeal>>
Defendants-Appellees' Brief on Appeal>>
Defendants-Appellees' Supplemental Brief>>
Cardiovascular Clinical Associates, P.C.'s Amicus Curiae Brief>>
Background
A plaintiff may not file a medical malpractice lawsuit “unless the person has given the health professional or health facility written notice under this section not less than 182 days before the action is commenced.” MCL 600.2912b. The notice of intent must state: (a) the factual basis for the claim, (b) the applicable standard of care, (c) the manner in which the standard of care was breached by the health professional or health facility, (d) the alleged action that should have been taken to comply with the standard of care, (e) the manner in which it is alleged that the breach of the standard of care was the proximate cause of the injury, and (f) the names of all health professionals and health facilities receiving the pre-suit notice. Brian Potter sued several defendants for medical malpractice, including Huron Valley Radiology, P.C. Huron Valley moved to dismiss the claims against it, arguing that Potter’s notice of intent did not state what standard of care applied to Huron Valley, Although the trial court refused to grant summary disposition in favor of Huron Valley, the Court of Appeals held in a published opinion that Potter’s notice of intent to sue failed to “satisfy all the statutory requirements with regard to defendant Huron Valley Radiology” Accordingly, Huron Valley should be dismissed from the case without prejudice, the appellate court said. Potter appeals.
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