Drago Kostadinovski v. Steven Dharrington Md

Summary

The Michigan Supreme Court held that the statutory notice-of-intent requirement does not apply when a plaintiff seeks to amend a medical-malpractice complaint to add a new theory against an already-named defendant after litigation has commenced. Because the plaintiffs had timely served a compliant notice and waited the required period before filing suit, the trial court legally erred by denying amendment as futile on the ground that a new notice was required. The Court reversed, vacated the order denying amendment, and remanded for reconsideration of the motion under the applicable amendment standard.