Court reinstates malpractice claim where victim filed good faith notice of intent that was considered defective in describing causation
A Grand Traverse County Circuit Court judge dismissed Mark Lacey and Heidi Lacey's medical malpractice claim against Steven Klegman, D.O., and Grand Traverse Radiologists, P.C. The Court concluded that while the Laceys made a good faith effort to explain their claim in the Notice of Intent they filed, the notice was inadequate in explaining to the doctor how his error caused Mark Lacey to suffer damages. On appeal, the higher court noted that the Supreme Court's Bush v. Shabahang case should apply to this decision as well--meaning that the Laceys' dismissal should be without prejudice so that their attorneys have a second chance to amend and re-file their 2005 Notice of Intent.