New Michigan Medical Malpractice Opinion

The Michigan Supreme Court was asked to determine last week whether a plaintiff satisfied the notice of intent requirement under Michigan law when her malpractice lawyers mailed the notice of intent to file a claim to the doctor’s prior address. The doctor did not receive the notice until after the deadline.

The Michigan high court decided to elevate form over substance, concluding that plaintiff satisfied the mandates of MCL 600.2912b(2) because the statute states that proof of mailing constitutes prima facie evidence of compliance with Michigan law.

You can read the full opinion here.