Vandenberg v. Vandenberg

In this medical malpractice case, plaintiff appeals by leave the trial court’s order granting summary disposition to defendants on the basis of plaintiff’s failure to file an affidavit of merit with her complaint. We reverse.

On September 29, 1995, plaintiff filed a complaint alleging defendants’ medical malpractice resulted in the death of decedent, her husband. It is undisputed that at the time the complaint was filed, it was not accompanied by an affidavit of merit signed by a health-care professional as required by MCL 600.2912d; MSA 27A.2912(4). Dr. Stephen Goldstone signed an affidavit…