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151196 - James Wade v William McCadie, DO

James Wade,
 
Thomas C. Miller
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(Iosco – Bergeron, R.)
 
William McCadie, D.O. and St. Joseph Health System, Inc., d/b/a Hale St. Joseph Medical Clinic,
 
Beth A. Whittmann
 
Defendants-Appellants,
 
 
 
 

Summary

In this medical malpractice case, plaintiff James Wade filed a complaint against the defendant physician and hospital, but did not file an affidavit of merit with the complaint, as required by MCL 600.2912d.  The defendants argued that this omission required that Wade’s lawsuit be dismissed, and they filed a motion for summary disposition.  Wade disagreed, arguing that he had an additional 91 days to file his affidavit of merit under MCL 600.2912b(3), because the defendants failed to provide him with his complete medical records, as they were required to do.  Wade admitted that the defendants produced some medical records, but contended that the records were incomplete and that billing records were not provided.  The defendants, in response, argued that they provided all available records to Wade.  The trial court granted the defendants’ motion for summary disposition.  But the Court of Appeals reversed this ruling in an unpublished, split per curiam opinion, and reinstated the lawsuit.  The defendants filed an application for leave to appeal to the Supreme Court.  The Court has scheduled oral argument on the application, ordering the parties to address “(1) whether the 91-day extension provided in MCL 600.2912d(3) for filing an affidavit of merit applies where the plaintiff claims that the defendants did not produce all medical records within 56 days after receipt of the notice of intent as required by MCL 600.2912b(5); (2) whether the defendants were obligated, under MCL 600.2912b(5), to explain to the plaintiff that certain records could not be produced because they had been destroyed; and (3) whether billing records are medical records for purposes of MCL 600.2912b(5).”