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STATE OF MICHIGAN
COURT OF APPEALS


NANCY MILLER, as Personal Representative of the Estate of William Miller, Deceased, Plaintiff-Appellant, v GHAUS MALIK, M.D., SUSAN E. OSHNOCK, P.A.-C, HENRY FORD HEALTH SYSTEM, d/b/a NEUROSURGERY ASSOCIATES-OAKLAND, ASHOK PRASAD, M.D., and WILLIAM BEAUMONT HOSPITAL, Defendants-Appellees.

FOR PUBLICATION September 18, 2008 9:00 a.m.

No. 277952 Oakland Circuit Court LC No. 2006-072158-NH

Advance Sheets Version

Before: Whitbeck, P.J., and O'Connell and Kelly, JJ. KELLY, J. This wrongful-death, medical-malpractice case primarily concerns whether plaintiff's notice of intent required under MCL 600.2912b was sufficient with respect to defendants, Ghaus Malik, M.D., Susan E. Oshnock, P.A.-C., Henry Ford Health System, doing business as Neurosurgery Associates-Oakland (Henry Ford), Ashok Prasad, M.D., and William Beaumont Hospital (Beaumont). Plaintiff, as personal representative of the estate of her deceased husband, William Miller (Miller), appeals as of right the trial court's order granting summary disposition in favor of defendants under MCR 2.116(C)(7) (claim barred by statute of limitations). We affirm. I. Basic Facts and Proceedings Malik, a neurosurgeon, performed a cervical diskectomy on Miller at Beaumont. Miller experienced numbness in his legs after the surgery. Miller was transferred to Beaumont's rehabilitation unit for physical and occupational therapy, and he was required to wear TED hose,1 but he removed them because they were too small and uncomfortable. Pneumatic compression devices were ordered (presumably to promote blood flow in the legs), but they were

TED is an abbreviation for Thrombo-Embolic Deterrent, and TED hose are tightly fitting stockings designed to promote circulation. -1-


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never applied. Beaumont physicians and nurses did not record any reports of calf tenderness by Miller or other signs or symptoms of deep vein thrombosis (DVT). Miller was discharged, and his discharge orders did not include DVT prophylaxis or information about symptoms. Miller continued to experience numbness after going home, and he fell on one occasion. His legs became red, shiny, and swollen, and plaintiff repeatedly called Malik's office. However, Oshnock, a certified physician's assistant, allegedly told her that Miller did not need to see Malik. Plaintiff called Prasad, Miller's internist and primary care provider, and Prasad scheduled an appointment for four days later, on September 19, 2003. Prasad initially diagnosed cellulitis over the telephone and prescribed antibiotics. On the day of his appointment, Miller went to Prasad's office, where he went into cardiac arrest. Miller was taken to Botsford General Hospital, where he was pronounced dead upon arrival. An autopsy revealed that Miller died of a pulmonary embolism from a DVT in his leg. Pursuant to MCL 600.2912b, plaintiff mailed a notice of intent to file a claim to each defendant on April 22, 2005. As required by

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Michigan Law