Legal Opinion

Ligons v. Crittenton Hospital

Michigan Supreme Court

Decided July 29, 2011No. Docket 139978PublishedCited by 66 opinions

1Opinion of the Court

*65ZAHRA, J.

We are called upon to answer the question whether a medical malpractice suit must be dismissed if a defective affidavit of merit (AOM) is filed after both the limitations period and the saving period have expired. We hold that in such cases, dismissal with prejudice must follow because allowing amendment of the deficient AOM would directly conflict with the statutory scheme governing medical malpractice actions, the clear language of the court rules, and precedent of this Court. Accordingly, we affirm the judgment of the Court of Appeals dismissing plaintiff’s case with prejudice.

I.…

2Cases cited30 opinions

  1. Robinson v. City of DetroitMichigan Supreme Court · 2000
  2. Hohn v. United StatesSupreme Court of the United States · 1998
  3. Bush v. ShabahangMichigan Supreme Court · 2009
  4. Dorris v. Detroit Osteopathic Hospital Corp.Michigan Supreme Court · 1999
  5. Kenneth Henes Special Projects Procurement, Marketing & Consulting Corp. v. Continental Biomass Industries, Inc.Michigan Supreme Court · 2003

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3Cited by66 opinions

  1. People v. BuieMichigan Supreme Court · 2012
  2. Lucas v. AwaadMichigan Court of Appeals · 2013
  3. Kalaj v. KhanMichigan Court of Appeals · 2012
  4. Nancy Sanders v. McLaren-macombMichigan Court of Appeals · 2018
  5. Mich. Gun Owners, Inc. v. Ann Arbor Pub. Sch.Michigan Supreme Court · 2018

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