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LIGONS v. CRITTENTON HOSPITAL

Docket No. 139978. Calendar No. 3.

803 N.W.2d 271 (2011)

490 Mich. 61

Dujuan LIGONS, Personal Representative of the Estate of Edris Ligons, Plaintiff-Appellant, v. CRITTENTON HOSPITAL, a/k/a Crittenton Hospital Medical Center, David Bruce Bauer, M.D., and Rochester Emergency Group, P.C., Defendants-Appellees.

Supreme Court of Michigan.

Decided July 29, 2011.

Attorney(s) appearing for the Case

Mark Granzotto, P.C., Royal Oak (by Mark Granzotto ), and Turner & Turner, P.C., Southfield ( Matthew L. Turner ), for Dujuan Ligons.

Tanoury, Nauts, McKinney & Garbarino, P.L.L.C. (by William A. Tanoury and Anita Comorski ), for David Bauer and Rochester Emergency Group, P.C.

Mellon Pries, P.C., Troy (by James T. Mellon and David A. Kowalski ), for Crittenton Hospital Medical Center.

Opinion

ZAHRA, J.

We are called upon to answer the question whether a medical malpractice suit must be dismissed if a defective affidavit of merit (AOM) is filed after both the limitations period and the saving period have expired. We hold that in such cases, dismissal with prejudice must follow because allowing amendment of the deficient AOM would directly conflict with the statutory scheme governing medical malpractice actions, the clear language of the...

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