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ROBERTS v. MECOSTA COUNTY HOSP.

Docket Nos. 122312, 122335, 122338. Calendar No. 5.

684 N.W.2d 711 (2004)

470 Mich. 679

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

Supreme Court of Michigan.

Decided July 21, 2004.

Attorney(s) appearing for the Case

Angela J. Nicita, Allen Park, MI, and Mark Granzotto, P.C. (by Mark Granzotto), Royal Oak, MI, for the plaintiff.

Burnheimer & Company, P.C. (by Mark A. Burnheimer), Traverse City, MI, for defendant Michael L. Atkins, M.D.

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

Bensinger, Cotant, Menkes, P.C. (by Kerr L. Moyer), Grand Rapids, MI, for defendants Gail A. DesNoyers, M.D., Barb Davis, and Obstetrics & Gynecology of Big Rapids, P.C.

Kerr, Russell and Weber, PLC (by Richard D. Weber and Joanne Geha Swanson), Detroit, MI, for Michigan State Medical Society.

INTRODUCTION

YOUNG, J.

This medical malpractice case is before us for the second time. In Roberts v. Mecosta, 466 Mich. 57, 642 N.W.2d 663 (2002) (Roberts I), we held that the statute of limitations could not be tolled under MCL 600.5856(d) unless notice was given in compliance with all the provisions of MCL 600.2912b, and that...

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