Mich. Comp. Laws § 600.2912e

Action alleging medical malpractice; filing answer to complaint; filing affidavit of meritorious defense; failure to allow access to medical records.

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.2912e Action alleging medical malpractice; filing answer to complaint; filing affidavit of meritorious defense; failure to allow access to medical records.

Sec. 2912e.

(1) In an action alleging medical malpractice, within 21 days after the plaintiff has filed an affidavit in compliance with section 2912d, the defendant shall file an answer to the complaint. Subject to subsection (2), the defendant or, if the defendant is represented by an attorney, the defendant's attorney shall file, not later than 91 days after the plaintiff or the plaintiff's attorney serves the affidavit required under section 2912d, an affidavit of meritorious defense signed by a health professional who the defendant's attorney reasonably believes meets the requirements for an expert witness under section 2169. The affidavit of meritorious defense shall certify that the health professional has reviewed the complaint and all medical records supplied to him or her by the defendant's attorney concerning the allegations contained in the complaint and shall contain a statement of each of the following:

(a) The factual basis for each defense to the claims made against the defendant in the complaint.

(b) The standard of practice or care that the health professional or health facility named as a defendant in the complaint claims to be applicable to the action and that the health professional or health facility complied with that standard.

(c) The manner in which it is claimed by the health professional or health facility named as a defendant in the complaint that there was compliance with the applicable standard of practice or care.

(d) The manner in which the health professional or health facility named as a defendant in the complaint contends that the alleged injury or alleged damage to the plaintiff is not related to the care and treatment rendered.

(2) If the plaintiff in an action alleging medical malpractice fails to allow access to medical records as required under section 2912b(5), the affidavit required under subsection (1) may be filed within 91 days after filing an answer to the complaint.

History: Add. 1986, Act 178, Eff. Oct. 1, 1986 ;-- Am. 1993, Act 78, Eff. Apr. 1, 1994 ;-- Am. 2012, Act 609, Eff. Mar. 28, 2013

Compiler's Notes:

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.”

Enacting section 1 of Act 609 of 2012 provides:

"Enacting section 1. Sections 2912e, 5852, and 6013 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2912e, 600.5852, and 600.6013, as amended by this amendatory act apply only to actions in which the cause of action arose on or after the effective date of this amendatory act."

Notes of Decisions

Cited in 32 cases (3 in the last 5 years), 1998–2023 · leading case: Costa v. Community Emergency Medical Services, Inc

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Costa v. Community Emergency Medical Services, Inc (2006) mich · cites it 96× “The question presented is whether medical malpractice defendants who have asserted the defense of governmental immunity must nonetheless file an affidavit of meritorious defense pursuant to MCL 600.2912e. Because governmental immunity is a complete defense to such a suit, we…”

Burton v. Reed City Hospital Corp. (2005) mich · cites it 16× “MCL 600.2912e. This affidavit was not filed until May 15, 2000, four days after the mandatory ninety-one-day deadline expired.”

Lucas v. Awaad (2013) michctapp · cites it 11× “In accordance with MCL 600.2912e, defendants filed affidavits of meritorious defense executed by Dr.”

Kowalski v. Fiutowski (2001) michctapp · cites it 7× “In each case, the trial court held that MCL 600.2912e mandated a default for defendants’ failure to timely file an affidavit of meritorious defense.”

Ligons v. Crittenton Hospital (2011) mich · cites it 4× “See MCL 600.2912e; cf. MCL 600.2912b(7) (requiring a defendant to submit a written response to a plaintiff’s NOI).”

Saffian v. Simmons (2005) michctapp · cites it 8× “2912d MCL 600.2912e provides, in part, that "[i]n an action alleging medical malpractice, *730 within 21 days after the plaintiff has filed an affidavit in compliance with section 2912d, the defendant shall file an answer to the complaint.”

Bush v. Shabahang (2009) mich · cites it 2× “2912d and MCL 600.2912e. [32] MCL 600.2169. [33] MCL 600.”

Saffian v. Simmons (2007) mich · cites it 2× “” Similarly, MCR 2.108(A)(6) states that a defendant must answer *13 within 21 days after being served with the affidavit “required by MCL 600.”

Costa v. Community Emergency Medical Services, Inc (2004) michctapp · cites it 4× “247983 and 248104, plaintiffs argue on cross-appeal that the trial court erred in denying their motion for summary disposition or default, which was based on Farenger and Schultz's failure to comply with the statutory requirement to file an affidavit of meritorious defense, MCL…”

McLAIN v. LANSING FIRE DEPARTMENT (2015) michctapp · cites it 5× “2912e(l): Because governmental employees are immune from breaches of the standard of ordinary care, the affidavit of merit requirements of MCL 600.2912e are not relevant to a defendant otherwise entitled to governmental immunity, and we therefore conclude that such a defendant…”

Bush v. Shabahang (2008) michctapp · cites it 4× “The Court first noted that MCL 600.2912e(1) "provides that a defendant in *283 a medical malpractice action `shall' answer the complaint within 21 days after the plaintiff has filed `an affidavit in compliance with section 2912d.”

Greathouse v. Rhodes (2000) michctapp · cites it 3× “Clinton Wilson in compliance with MCL 600.2912e(l); MSA 27A.2912(5)(1). The affidavit of meritorious defense did not indicate Dr.”

Show all 32 citing cases →

— Mich. Comp. Laws § 600.2912e(1) — 9 cases

Burton v. Reed City Hospital Corp. (2005) mich “MCL 600.2912e. This affidavit was not filed until May 15, 2000, four days after the mandatory ninety-one-day deadline expired.”

Ligons v. Crittenton Hospital (2011) mich “See MCL 600.2912e; cf. MCL 600.2912b(7) (requiring a defendant to submit a written response to a plaintiff’s NOI).”

Saffian v. Simmons (2005) michctapp “2912d MCL 600.2912e provides, in part, that "[i]n an action alleging medical malpractice, *730 within 21 days after the plaintiff has filed an affidavit in compliance with section 2912d, the defendant shall file an answer to the complaint.”

Costa v. Community Emergency Medical Services, Inc (2006) mich “The question presented is whether medical malpractice defendants who have asserted the defense of governmental immunity must nonetheless file an affidavit of meritorious defense pursuant to MCL 600.2912e. Because governmental immunity is a complete defense to such a suit, we…”

Bush v. Shabahang (2008) michctapp “The Court first noted that MCL 600.2912e(1) "provides that a defendant in *283 a medical malpractice action `shall' answer the complaint within 21 days after the plaintiff has filed `an affidavit in compliance with section 2912d.”

— Mich. Comp. Laws § 600.2912e(1)(a) — 1 case

Lucas v. Awaad (2013) michctapp “In accordance with MCL 600.2912e, defendants filed affidavits of meritorious defense executed by Dr.”

— Mich. Comp. Laws § 600.2912e(1)(b) — 1 case

— Mich. Comp. Laws § 600.2912e(l) — 10 cases

Burton v. Reed City Hospital Corp. (2005) mich “MCL 600.2912e. This affidavit was not filed until May 15, 2000, four days after the mandatory ninety-one-day deadline expired.”

Saffian v. Simmons (2007) mich “” Similarly, MCR 2.108(A)(6) states that a defendant must answer *13 within 21 days after being served with the affidavit “required by MCL 600.”

Lucas v. Awaad (2013) michctapp “In accordance with MCL 600.2912e, defendants filed affidavits of meritorious defense executed by Dr.”

McLAIN v. LANSING FIRE DEPARTMENT (2015) michctapp “2912e(l): Because governmental employees are immune from breaches of the standard of ordinary care, the affidavit of merit requirements of MCL 600.2912e are not relevant to a defendant otherwise entitled to governmental immunity, and we therefore conclude that such a defendant…”

— Mich. Comp. Laws § 600.2912e(l)(b) — 2 cases

Greathouse v. Rhodes (2000) michctapp “Clinton Wilson in compliance with MCL 600.2912e(l); MSA 27A.2912(5)(1). The affidavit of meritorious defense did not indicate Dr.”

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