Potter v. McLeary

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 This case raises the issue whether a professional corporation (EC) 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 600.2912b(4) when a claim being made against the EC is based solely on a EC’s vicarious liability for its physician.

We hold, on the basis of the plain language of the relevant…