Michigan Supreme Court majority throws out death claim as late because it deems Notice of Intent deficient; no amendment allowed.
This week the Michigan Supreme Court extended its ruling in Waltz v. Wyse to deny the family of an alleged malpractice victim the right to amend their Notice of Intent to Sue (NOI). An NOI is required in malpractice cases, and it must be filed six months before litigation is started or any discovery can be conducted. Although long-standing state law allows a litigant to amend any pleading, and this right to amend statute was applied to Notices of Intent in the Bush v. Shabahang case, the Court held that it does not apply to death cases. The Court reasoned, over Justice Cavanaugh's vigorous dissent, that a defective NOI cannot extend the statute of limitations; therefore, there is no right to amend because the time to file a complaint has run.