Notice of Intent
MCL 600.2912b generally requires written notice at least 182 days before suit. The notice must contain specific allegations about the factual basis, standard of care, breach, what should have been done and causation.
Affidavit of Merit
MCL 600.2912d generally requires an affidavit of merit with the complaint. The signing health professional must satisfy statutory criteria that are tied to the defendant provider’s specialty and practice.
Why these documents are more than paperwork
The notice and affidavit are substantive components of Michigan medical malpractice procedure. They force the claim to be investigated before filing and can affect limitations timing. A defective notice, an improperly qualified expert or premature filing can create serious procedural problems.
Frequently Asked Questions
What is a Notice of Intent in a Michigan medical malpractice case?
It is a pre-suit written notice required by MCL 600.2912b that generally must be given to the health professional or facility at least 182 days before an action is commenced, subject to statutory exceptions.
What must the notice include?
The statute requires specified information including the factual basis for the claim, the applicable standard of practice or care, how that standard was breached, the action that should have been taken, and the manner in which the breach caused the injury.
What is an affidavit of merit?
It is an affidavit generally filed with the complaint and signed by a health professional the plaintiff’s attorney reasonably believes meets Michigan’s expert-witness requirements. It addresses standard of care, breach, what should have been done and causation.
Can a case be dismissed for notice or affidavit mistakes?
Yes. Michigan cases have repeatedly treated these requirements as consequential. Exact compliance and timing should be handled by counsel familiar with medical malpractice procedure.