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160772 - Marquardt, PR of the Est of Marquardt v Umashankar, MD

SARON E. MARQUARDT, Personal Representative                                                                                     Thomas Miller

of the ESTATE OF SANDRA D. MARQUARDT,

                           Plaintiff-Appellant,

 

v            (Appeal from Ct of Appeals)

              (Washtenaw CC – Swartz, D.)

 

VELLAIAH DURAI UMASHANKAR, M.D.,                                                                                        Joanne Geha Swanson

                           Defendant-Appellee.

Summary

In this medical malpractice case, the trial court granted summary disposition to defendant Dr. Umashankar, holding that he did not receive notice of the plaintiff’s intent to sue as required by MCL 600.2912b.  Dr. Umashankar treated Sandra Marquardt (now deceased) at the University of Michigan hospital and subsequently left his position at the hospital and moved to India.  In July 2009, Marquardt’s attorney mailed a notice of intent (NOI) to the “Risk Manager” at the hospital, notifying the risk manager that Marquardt intended to file suit against Dr. Umashankar and other physicians, as well as the University of Michigan Health Systems, Inc.  The trial court held that the NOI was insufficient because it was not directed or addressed to Dr. Umashankar.  The Court of Appeals affirmed in an unpublished opinion.  The Supreme Court has ordered oral argument on the application to address whether the decedent failed to give Dr. Umashankar notice as required by MCL 600.2912b, by way of notice mailed on July 20, 2009, on the ground that the notice was not addressed or directed to him.