Candi Ottgen v. Abdalmaijid Katranji Md

Summary

The Michigan Supreme Court held that filing an affidavit of merit is not required to commence a medical malpractice action or toll the limitations period. A timely served complaint tolls the period under the ordinary commencement and tolling rules, although failure to file an affidavit of merit may still support dismissal on grounds other than limitations. The Court overruled contrary precedent and remanded for the trial court to determine the appropriate dismissal remedy, including whether dismissal should be with or without prejudice.