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ROBERTS v. MECOSTA COUNTY GENERAL HOSP.

Docket Nos. 116563, 116570, 116573, Calendar No. 5.

642 N.W.2d 663 (2002)

466 Mich. 57

Lisa ROBERTS, Plaintiff-Appellee, v. MECOSTA COUNTY GENERAL HOSPITAL, Gail A. Desnoyers, M.D., Michael Atkins, M.D., Barb Davis, and Obstetrics and Gynecology of Big Rapids, P.C., formerly known as Gunther, Desnoyers & Mekaru, Defendants-Appellants.

Supreme Court of Michigan.

Decided April 24, 2002.

Attorney(s) appearing for the Case

Granzotto & Nicita, P.C. by Angela J. Nicita, Allen Park, MI, and Gary E. Levitt, Bloomfield Hills, MI, for the plaintiff-appellee.

Smith, Haughey, Rice & Roegge by Jon D. Vander Ploeg, Grand Rapids, MI, for defendant-appellant Mecosta County General Hospital.

Bensinger, Cotant, Menkes & Aardema, P.C. by Kerr L. Moyer, Grand Rapids, MI, for defendants-appellants DesNoyers, Davis, and Obstetrics & Gynecology of Big Rapids, P.C.

Burnheimer & Company, P.C. by Mark A. Burnheimer, Traverse City, MI, for defendant-appellant Atkins.

Kerr, Russell & Weber, P.L.C. by Richard D. Weber and Joanne Geha Swanson, Detroit, MI, for Michigan State Medical Society, amicus curiae.

Granzotto & Nicita, P.C. by Mark Granzotto, Detroit, MI, and Gleicher & Patek, P.C. by Barbara A. Patek, Detroit, MI, for Michigan Trial Lawyers Association, amicus curiae.

YOUNG, J.

This case again calls into question the authority of courts to create terms and conditions at variance with those unambiguously and mandatorily stated in a statute. We reaffirm that the duty of the courts of this state is to apply the actual terms of an unambiguous statute.

In this medical malpractice case, the Court of Appeals concluded that defendants had waived their ability to object to the sufficiency of the notices of intent by failing to raise...

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