600.2912b Action alleging medical malpractice; notice; mailing; notice period; statement; access to medical records; tacking successive notice periods; response; failure
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600.2912b Action alleging medical malpractice; notice; mailing; notice period; statement; access to medical records; tacking successive notice periods; response; failure to receive response; health professional or facility not intending to settle.
Sec. 2912b.
(1)Except as otherwise provided in this section, a person shall not commence an action alleging medical malpractice against a health professional or health facility unless the person has given the health professional or health facility written notice under this section not less than 182 days before the action is commenced.
(2)The notice of intent to file a claim required under subsection
(1)shall be mailed to the last known professional business address or residential address of the health professional or health facility who is the subject of the claim. Proof of the mailing constitutes prima facie evidence of compliance with this section. If no last known professional business or residential address can reasonably be ascertained, notice may be mailed to the health facility where the care that is the basis for the claim was rendered.
(3)The 182-day notice period required in subsection
(1)is shortened to 91 days if all of the following conditions exist:
(a)The claimant has previously filed the 182-day notice required in subsection
(1)against other health professionals or health facilities involved in the claim.
(b)The 182-day notice period has expired as to the health professionals or health facilities described in subdivision (a).
(c)The claimant has filed a complaint and commenced an action alleging medical malpractice against 1 or more of the health professionals or health facilities described in subdivision (a).
(d)The claimant did not identify, and could not reasonably have identified a health professional or health facility to which notice must be sent under subsection
(1)as a potential party to the action before filing the complaint.
(4)The notice given to a health professional or health facility under this section shall contain a statement of at least all of the following:
(a)The factual basis for the claim.
(b)The applicable standard of practice or care alleged by the claimant.
(c)The manner in which it is claimed that the applicable standard of practice or care was breached by the health professional or health facility.
(d)The alleged action that should have been taken to achieve compliance with the alleged standard of practice or care.
(e)The manner in which it is alleged the breach of the standard of practice or care was the proximate cause of the injury claimed in the notice.
(f)The names of all health professionals and health facilities the claimant is notifying under this section in relation to the claim.
(5)Within 56 days after giving notice under this section, the claimant shall allow the health professional or health facility receiving the notice access to all of the medical records related to the claim that are in the claimant's control, and shall furnish releases for any medical records related to the claim that are not in the claimant's control, but of which the claimant has knowledge. Subject to section 6013(9), within 56 days after receipt of notice under this section, the health professional or health facility shall allow the claimant access to all medical records related to the claim that are in the control of the health professional or health facility. This subsection does not restrict a health professional or health facility receiving notice under this section from communicating with other health professionals or health facilities and acquiring medical records as permitted in section 2912f. This subsection does not restrict a patient's right of access to his or her medical records under any other provision of law.
(6)After the initial notice is given to a health professional or health facility under this section, the tacking or addition of successive 182-day periods is not allowed, irrespective of how many additional notices are subsequently filed for that claim and irrespective of the number of health professionals or health facilities notified.
(7)Within 154 days after receipt of notice under this section, the health professional or health facility against whom the claim is made shall furnish to the claimant or his or her authorized representative a written response that contains a statement of each of the following:
(a)The factual basis for the defense to the claim.
(b)The standard of practice or care that the health professional or health facility 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 that there was compliance with the applicable standard of practice or care.
(d)The manner in which the health professional or health facility contends that the alleged negligence of the health professional or health facility was not the proximate cause of the claimant's alleged injury or alleged damage.
(8)If the claimant does not receive the written response required under subsection
(7)within the required 154-day time period, the claimant may commence an action alleging medical malpractice upon the expiration of the 154-day period.
(9)If at any time during the applicable notice period under this section a health professional or health facility receiving notice under this section informs the claimant in writing that the health professional or health facility does not intend to settle the claim within the applicable notice period, the claimant may commence an action alleging medical malpractice against the health professional or health facility, so long as the claim is not barred by the statute of limitations.
History: Add. 1993, Act 78, Eff. Apr. 1, 1994