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Nippa v. Botsford General Hospital6/21/2002
e provide "the most reliable evidence of its intent . . . ." United States v Turkette, 452 US 576, 593; 101 S Ct 2524; 69 L Ed 2d 246 (1981). If the language of the statute is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written. No further judicial construction is required or permitted. Tryc v Michigan Veterans' Facility, 451 Mich 129, 135; 545 NW2d 642 (1996). Only where the statutory language is ambiguous may a court properly go beyond the words of the statute to ascertain legislative intent. Luttrell v Dep't of Corrections, 421 Mich 93; 365 NW2d 74 (1984). [Sun Valley Foods Co v Ward, 460 Mich 230, 236; 596 NW2d 119 (1999).]
In interpreting statutory language, this Court must consider the "plain meaning of the critical word or phrase" as well as its "placement and purpose" in the statute. Id. at 237, quoting Bailey v United States, 516 US 137, 145; 116 S Ct 501; 133 L Ed 2d 472 (1995). Further, as Justice Markman, writing for the majority of our Supreme Court recently explained in Robertson v DaimlerChrysler Corp, ___ Mich ___ ; ___ NW2d ___ (Docket No. 116276, decided 4/9/02), slip op p 18, we must construe the statute at issue in a manner that does not ignore, render nugatory or treat as surplusage specific words in the legislation. See also Brown v Genesee Co Bd of Comm'rs (After Remand), 464 Mich 430, 437; 628 NW2d 471 (2001); Decker v Flood, 248 Mich App 75, 82; 638 NW2d 163 (2001). Likewise, where the statute does not define a word, we are compelled to ascribe to it the common and ordinary meaning. MCL 8.3a; Herald Co v Bay City, 463 Mich 111, 118; 614 NW2d 873 (2000); Massey v Mandell, 462 Mich 375, 380; 614 NW2d 70 (2000). However, where the word is "a legal term of art" that has acquired a particular meaning in the law, we are required to abide by that definition. Id. at 386 (Corrigan, J., concurring); People v Law, 459 Mich 419, 425, n 8; 591 NW2d 20 (1999); see also Consumers Power Co v Public Service Comm, 460 Mich 148, 163; 596 NW2d 126 (1999).
Moreover, in Brown, supra at 437, our Supreme Court, quoting its earlier decision in Tyler v Livonia Public Schools, 459 Mich 382, 390-391; 590 NW2d 560 (1999), recently instructed lower courts to ascertain the meaning of a word by examining it carefully in its proper context in the statute:
"Contextual understanding of statutes is generally grounded in the doctrine of noscitur a sociis: ' t is known from its associates,' see Black's Law Dictionary (6th ed) p 1060. This doctrine stands for the principle that a word or phrase is given meaning by its context or setting."
The pertinent statutes at issue are found in the Revised Judicature Act (RJA), MCL 600.101 et seq. As relevant to the present appeal, MCL 600.2912d(1) provides:
Subject to subsection (2), the plaintiff in an action alleging medical malpractice or, if the plaintiff is represented by an attorney, the plaintiff's attorney shall file with the complaint an affidavit of merit signed by a health professional who the plaintiff's attorney reasonably believes meets the requirements for an expert witness under [MCL 600.2169]. The affidavit of merit shall certify that the health professional has reviewed the notice and all medical records supplied to him or her by the plaintiff's attorney concerning the allegations contained in the notice and shall contain a statement of each of the following:
(a) The applicable standard of practice or care.
(b) The health professional's opinion that the applicable standard of practice or care was breached by the health professional or health facility receiving the notice.
(c) The actions that should
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