Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961

Mich. Comp. Laws § 600.2912d

Action alleging medical malpractice; complaint to be accompanied by affidavit of merit; filing extension; failure to allow access to medical records.

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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.2912d Action alleging medical malpractice; complaint to be accompanied by affidavit of merit; filing extension; failure to allow access to medical records.

Sec. 2912d.

    (1) Subject to subsection (2), the plaintiff in an action alleging medical malpractice or, if the plaintiff is represented by an attorney, the plaintiff's attorney shall file with the complaint an affidavit of merit signed by a health professional who the plaintiff's attorney reasonably believes meets the requirements for an expert witness under section 2169. The affidavit of merit shall certify that the health professional has reviewed the notice and all medical records supplied to him or her by the plaintiff's attorney concerning the allegations contained in the notice and shall contain a statement of each of the following:

    (a) The applicable standard of practice or care.

    (b) The health professional's opinion that the applicable standard of practice or care was breached by the health professional or health facility receiving the notice.

    (c) The actions that should have been taken or omitted by the health professional or health facility in order to have complied with the applicable standard of practice or care.

    (d) The manner in which the breach of the standard of practice or care was the proximate cause of the injury alleged in the notice.

    (2) Upon motion of a party for good cause shown, the court in which the complaint is filed may grant the plaintiff or, if the plaintiff is represented by an attorney, the plaintiff's attorney an additional 28 days in which to file the affidavit required under subsection (1).

    (3) If the defendant in an action alleging medical malpractice fails to allow access to medical records within the time period set forth in section 2912b(6), the affidavit required under subsection (1) may be filed within 91 days after the filing of the complaint.

History: Add. 1986, Act 178, Eff. Oct. 1, 1986 ;-- Am. 1993, Act 78, Eff. Apr. 1, 1994

Compiler's Notes:

    In subsection (3), the reference to “section 2912b(6)” evidently should be to section 2912b(5).

    Section 3 of Act 178 of 1986 provides:

    “(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.

    “(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.

    “(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.

    “(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.

    “(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.

    “(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”

Notes of Decisions
Cited in 236 cases (36 in the last 5 years), 1988–2026 · leading case: Ligons v. Crittenton Hospital
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Ligons v. Crittenton Hospital (2011) mich · cites it 115× “5856(a) until the AOM 7 MCL 600.2912d(1)(d); Ligons, 285 Mich App at 349-351 .”
King v. Reed (2008) michctapp · cites it 40× “The trial court's rationale for precluding plaintiff from presenting evidence at trial of Reed's intraoperative and postoperative negligence was that the affidavit of merit against defendant Reed that was attached to the original complaint did not include any statements…”
Johanna Woodard v. University of Mich Medical Ctr (2006) mich · cites it 16× “3 Before discovery, the trial court denied defendants’ motion for summary disposition, concluding that plaintiffs’ attorney had a “reasonable belief” under MCL 600.2912d(1) that plaintiffs’ proposed expert witness was qualified under MCL 600.”
Burton v. Reed City Hospital Corp. (2005) mich · cites it 20× “Plaintiff filed a complaint and an affidavit of merit under MCL 600.2912d on February 10, 2000, 115 days after he provided his notice of intent.”
Grossman v. Brown (2004) mich · cites it 20× “§ 600.2912d. However, I write separately because I do not believe that M.”
Saffian v. Simmons (2005) michctapp · cites it 37× “The Court observed that the plain language of MCL 600.2912d required a medical malpractice plaintiff to file either security for costs or an affidavit of merit with the complaint.”
Bates v. Gilbert (2007) mich · cites it 26× “Because we conclude that plaintiff’s counsel could not have reasonably believed that an ophthalmologist is qualified to prepare an affidavit of merit regarding the standard of practice or care applicable to an optometrist, and thus failed to meet the first and most elementary…”
Castro v. Goulet (2015) michctapp · cites it 28× “Plaintiffs stated they would have filed the lawsuit earlier if medical professionals had not advised Ruben that erectile dysfunction would subside and then completely phase out weeks or months after surgery. In other words, plaintiffs delayed because of defendants’ assurances…”
Kalaj v. Khan (2012) michctapp · cites it 12× “ANALYSIS Plaintiffs argue on appeal that the trial court erred by striking the affidavit of merit and dismissing their complaint because while Mirvis might not have re *425 viewed the Basha films as originally believed, his affidavit of merit meets the requirements of MCL…”
Lucas v. Awaad (2013) michctapp · cites it 12× “Pursuant to MCL 600.2912d, the minor plaintiffs supported their medical malpractice claims with affidavits of merit executed by Dr.”
Decker v. Flood (2002) michctapp · cites it 18× “§ 600.2912d required plaintiffs to file with their complaint an affidavit of merit signed by a health professional who plaintiffs' attorney reasonably believed met the requirements of M.”
Potter v. McLeary (2009) mich · cites it 10× “[5] The most recent Court of Appeals opinion summarized this long journey through our appellate system and the reasoning behind the rulings: In these consolidated appeals, defendants appealed by leave granted orders in this medical malpractice action denying their motions for…”
Show all 236 citing cases →
— Mich. Comp. Laws § 600.2912d(1) — 114 cases
Ligons v. Crittenton Hospital (2011) mich “5856(a) until the AOM 7 MCL 600.2912d(1)(d); Ligons, 285 Mich App at 349-351 .”
Johanna Woodard v. University of Mich Medical Ctr (2006) mich “3 Before discovery, the trial court denied defendants’ motion for summary disposition, concluding that plaintiffs’ attorney had a “reasonable belief” under MCL 600.2912d(1) that plaintiffs’ proposed expert witness was qualified under MCL 600.”
Cox v. Eric J. Hartman, M.D., & Blue Water Obstetrics & Gynecology Prof'l Corp. (2017) michctapp
Grossman v. Brown (2004) mich “§ 600.2912d. However, I write separately because I do not believe that M.”
Barnett v. Hidalgo (2007) mich
— Mich. Comp. Laws § 600.2912d(1)(a) — 16 cases
Barnett v. Hidalgo (2007) mich
Ligons v. Crittenton Hospital (2009) michctapp
Bates v. Gilbert (2007) mich “Because we conclude that plaintiff’s counsel could not have reasonably believed that an ophthalmologist is qualified to prepare an affidavit of merit regarding the standard of practice or care applicable to an optometrist, and thus failed to meet the first and most elementary…”
King v. Reed (2008) michctapp “The trial court's rationale for precluding plaintiff from presenting evidence at trial of Reed's intraoperative and postoperative negligence was that the affidavit of merit against defendant Reed that was attached to the original complaint did not include any statements…”
Greathouse v. Rhodes (2000) michctapp
— Mich. Comp. Laws § 600.2912d(1)(b) — 1 case
Lucas v. Awaad (2013) michctapp “Pursuant to MCL 600.2912d, the minor plaintiffs supported their medical malpractice claims with affidavits of merit executed by Dr.”
— Mich. Comp. Laws § 600.2912d(1)(c) — 2 cases
Douglas Spolyar v. William Beaumont Hospital (2023) michctapp
Douglas Spolyar v. William Beaumont Hospital (2023) michctapp
— Mich. Comp. Laws § 600.2912d(1)(d) — 8 cases
Ligons v. Crittenton Hospital (2011) mich “5856(a) until the AOM 7 MCL 600.2912d(1)(d); Ligons, 285 Mich App at 349-351 .”
Paige v. City of Sterling Heights (2006) mich
Bates v. Gilbert (2007) mich “Because we conclude that plaintiff’s counsel could not have reasonably believed that an ophthalmologist is qualified to prepare an affidavit of merit regarding the standard of practice or care applicable to an optometrist, and thus failed to meet the first and most elementary…”
Ligons v. Crittenton Hospital (2009) michctapp
STURGIS BANK AND TRUST CO. v. Hillsdale Community Health Center (2007) mich
— Mich. Comp. Laws § 600.2912d(2) — 35 cases
Ligons v. Crittenton Hospital (2011) mich “5856(a) until the AOM 7 MCL 600.2912d(1)(d); Ligons, 285 Mich App at 349-351 .”
Castro v. Goulet (2015) michctapp “Plaintiffs stated they would have filed the lawsuit earlier if medical professionals had not advised Ruben that erectile dysfunction would subside and then completely phase out weeks or months after surgery. In other words, plaintiffs delayed because of defendants’ assurances…”
Burton v. Reed City Hospital Corp. (2005) mich “Plaintiff filed a complaint and an affidavit of merit under MCL 600.2912d on February 10, 2000, 115 days after he provided his notice of intent.”
Scarsella v. Pollak (2000) mich
Mouradian v. Goldberg (2003) michctapp
— Mich. Comp. Laws § 600.2912d(3) — 20 cases
Ligons v. Crittenton Hospital (2011) mich “5856(a) until the AOM 7 MCL 600.2912d(1)(d); Ligons, 285 Mich App at 349-351 .”
Louya v. William Beaumont Hospital (1991) michctapp
James Wade v. William McCadie Do (2017) michctapp
Stephanie Ann Zarzyski v. Joanna Lynne Nigrelli Do (2021) michctapp
Wade v. McCadie (2015) mich
— Mich. Comp. Laws § 600.2912d(4) — 1 case
Dunn v. Emergency Physicians Medical Group, PC (1991) michctapp
— Mich. Comp. Laws § 600.2912d(8) — 3 cases
Mayberry v. General Orthopedics, PC (2005) mich
Hoffman v. Boonsiri (2010) michctapp
Mayberry v. General Orthopedics, PC (2005) mich
— Mich. Comp. Laws § 600.2912d(a) — 1 case
Kalaj v. Khan (2012) michctapp “ANALYSIS Plaintiffs argue on appeal that the trial court erred by striking the affidavit of merit and dismissing their complaint because while Mirvis might not have re *425 viewed the Basha films as originally believed, his affidavit of merit meets the requirements of MCL…”
— Mich. Comp. Laws § 600.2912d(l) — 52 cases
Johanna Woodard v. University of Mich Medical Ctr (2006) mich “3 Before discovery, the trial court denied defendants’ motion for summary disposition, concluding that plaintiffs’ attorney had a “reasonable belief” under MCL 600.2912d(1) that plaintiffs’ proposed expert witness was qualified under MCL 600.”
Grossman v. Brown (2004) mich “§ 600.2912d. However, I write separately because I do not believe that M.”
Scarsella v. Pollak (2000) mich
Sturgis Bank & Trust Co. v. Hillsdale Community Health Center (2006) michctapp
Mouradian v. Goldberg (2003) michctapp
— Mich. Comp. Laws § 600.2912d(l)(a) — 6 cases
Mouradian v. Goldberg (2003) michctapp
Holmes v. Michigan Capital Medical Center (2000) michctapp
Lucas v. Awaad (2013) michctapp “Pursuant to MCL 600.2912d, the minor plaintiffs supported their medical malpractice claims with affidavits of merit executed by Dr.”
Bates v. Gilbert (2007) mich “Because we conclude that plaintiff’s counsel could not have reasonably believed that an ophthalmologist is qualified to prepare an affidavit of merit regarding the standard of practice or care applicable to an optometrist, and thus failed to meet the first and most elementary…”
King v. Reed (2008) michctapp “The trial court's rationale for precluding plaintiff from presenting evidence at trial of Reed's intraoperative and postoperative negligence was that the affidavit of merit against defendant Reed that was attached to the original complaint did not include any statements…”
— Mich. Comp. Laws § 600.2912d(l)(b) — 2 cases
Lucas v. Awaad (2013) michctapp “Pursuant to MCL 600.2912d, the minor plaintiffs supported their medical malpractice claims with affidavits of merit executed by Dr.”
Glisson v. Gerrity (2007) michctapp
— Mich. Comp. Laws § 600.2912d(l)(d) — 11 cases
Ligons v. Crittenton Hospital (2011) mich “5856(a) until the AOM 7 MCL 600.2912d(1)(d); Ligons, 285 Mich App at 349-351 .”
Robinson v. City of Detroit (2000) mich
Paige v. City of Sterling Heights (2006) mich
Lucas v. Awaad (2013) michctapp “Pursuant to MCL 600.2912d, the minor plaintiffs supported their medical malpractice claims with affidavits of merit executed by Dr.”
Bates v. Gilbert (2007) mich “Because we conclude that plaintiff’s counsel could not have reasonably believed that an ophthalmologist is qualified to prepare an affidavit of merit regarding the standard of practice or care applicable to an optometrist, and thus failed to meet the first and most elementary…”
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