Scarsella v. Pollak

This is a medical malpractice action. Plaintiff appeals as of right from an order granting summary disposition in favor of defendant Dr. Norman Poliak (defendant) premised on plaintiffs failure to file an affidavit of merit with his complaint before the period of limitation had expired. We affirm.

MCL 600.2912d(l); MSA 27A.2912(4)(1), as amended by 1993 PA 78, the 1993 tort reform legislation, provides that the plaintiff in a medical malpractice action “shall file with the complaint an affidavit of merit . . . .” The substance of the affidavit, in essence, is a qualified health professional’s…