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Michigan Supreme Court Lansing, Michigan

Opinion
BRIAN POTTER, Plaintiff-Appellant, v

Chief Justice:

Justices:

Marilyn Kelly

Michael F. Cavanagh Elizabeth A. Weaver Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway

FILED JULY 31, 2009

No. 136336

RICHARD C. McLEARY, M.D., GARY AUGUSTYN, M.D., ST. JOSEPH MERCY HOSPITAL ANN ARBOR, d/b/a TRINITY HEALTH-MICHIGAN, ROBERT DOMEIER, D.O., and EMERGENCY PHYSICIANS MEDICAL GROUP, P.C., Defendants, and KRISTYN H. MURRY, M.D., and HURON VALLEY RADIOLOGY, P.C., Defendants-Appellees.

BEFORE THE ENTIRE BENCH HATHAWAY, J. At issue before this Court is the proper interpretation of the statutory provision requiring a notice of intent to sue (NOI) in medical malpractice actions.1
1

MCL 600.2912b.

This case raises the issue whether a professional corporation (PC) must be provided an NOI before the commencement of the medical malpractice action. It also raises the issue of what statements must be set forth in an NOI to satisfy the requirements of MCL 691.2912b(4) when a claim being made against the PC is based solely on a PC's vicarious liability for its physician. We hold, on the basis of the plain language of the relevant statutes, that when claims alleged against a PC are predicated on its vicarious liability for a licensed health care provider rendering professional services, an NOI must be provided. The NOI provision, MCL 600.2912b, clearly states that a plaintiff must provide all health professionals and health facilities an NOI before commencing a medical malpractice action. MCL 600.5838a delineates those health care

providers and facilities against which claims of medical malpractice may be asserted.2 Claims asserted against providers and facilities not delineated in

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Michigan Law