Nippa v. Botsford General Hospital

Once again I respectfully dissent. The majority states that it is applying the logic of a recent Michigan Supreme Court opin*398ion, Cox v Flint Bd of Hosp Managers,1 to this case. The legal issue here is whether, under MCL 600.2169, a plaintiff suing a hospital, and only a hospital, under a theoiy of vicarious liability is required to file an affidavit of merit signed by a physician who is board-certified in the specialty or specialties of the agent or agents of the hospital that the plaintiff claims engaged in medical malpractice. One can apply the logic of Cox to this legal issue to reach the…