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Roberts v. Mecosta County General Hospital3/3/2000
FOR PUBLICATION
9:30 a.m.
The trial court granted defendants' motions for summary disposition on plaintiff's claims of medical malpractice based upon defendants' claims of deficiencies in plaintiff's Notice of Intent. Plaintiff appeals and we reverse.
This case involves plaintiff's allegations of medical malpractice against defendants for their alleged failure to properly diagnose an ectopic pregnancy. Plaintiff alleges that the misdiagnoses caused her to lose her remaining fallopian tube.
At issue is whether plaintiff adequately complied with the statutory requirement of filing, before a complaint is filed, a notice of intent. MCL 600.2912b(1); MSA 27A.2912(2)(1) ("Section 2912b"). Section 2912b states, in pertinent part:
(1) Except as otherwise provided in this section, a person shall not commence an action alleging medical malpractice against a health professional or health facility unless the person has given the health professional or health facility written notice under this section not less than 182 days before the action is commenced.
(4) The notice given to a health professional or health facility under this section shall contain a statement of at least all of the following:
(a) The factual basis for the claim.
(b) The applicable standard of practice or care alleged by the claimant.
(c) The manner in which it is claimed that the applicable standard of practice or care was breached by the health professional or health facility.
(d) The alleged action that should have been taken to achieve compliance with the alleged standard of practice or care.
(e) The manner in which it is alleged the breach of the standard of practice or care was the proximate cause of the injury claimed in the notice.
(f) The names of all health professionals and health facilities the claimant is notifying under this section in relation to the claim.
In addition, subsection (8) allows for a reduction in the waiting period to 154 days if the claimant does not receive a written response within 154 days of filing its notice of intent. MCL 600.2912b(8); MSA 27A.2912(2)(8).
Plaintiff's amended notice of intent was served on defendant hospital on or about September 19, 1996, and stated in pertinent part:
1. FACTUAL BASIS FOR CLAIM
This is a claim for negligence which occurred on October 4, 1994, at Mecosta County General Hospital. It is claimed that on said date while pregnant with her first child, Claimant presented herself to Mecosta County General Hospital complaining of severe pain. At that time a diagnosis of a spontaneous abortion was made and a D and C was performed. Claimant was sent home at that time.
Over the course of the next few days Claimant continued to experience pain and cramping and, on October 7, 1994, was again seen at Mecosta County General Hospital. Claimant was told that the pain she was experiencing was cramps from the D and C she had done and was sent home.
Claimant returned to the hospital on October 8, 1994, wherein it was discovered that Claimant had not had a spontaneous abortion but had an ectopic pregnancy in her left tube which had burst. Emergency surgery was performed at that time and her left tube was removed.
Claimant had her right tube removed approximately ten years ago and, as a result of the negligence set forth above, she is now unable to have children.
2. THE APPLICABLE STANDARD OF PRACTICE OR CARE ALLEGED
Claimant contends that the applicable standard of care required that Mecosta County General Hospita
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