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KIRKALDY v. RIM

Docket No. 129128.

734 N.W.2d 201 (2007)

Mary KIRKALDY and William Kirkaldy, Plaintiffs-Appellants, v. Choon Soo Rim, M.D.; Rim & Sol, M.D., P.C.; Raina M. Ernstoff, M.D.; and Raina M. Ernstoff, M.D., P.C., Defendants-Appellees.

Supreme Court of Michigan.

July 11, 2007.

Attorney(s) appearing for the Case

Mark Granzotto, P.C. (by Mark Granzotto), and Erlich, Rosen & Bartnick, P.C. (by Sheldon D. Erlich), Royal Oak, Southfield, for Mary and William Kirkaldy.

Siemion, Huckabay, Bodary, Padilla, Morganti & Bowerman P.C. (by Raymond W. Morganti), Southfield, for Choon Soo Rim, M.D. and Rim and Sol, M.D., P.C.

Saurbier & Siegan, P.C. (by René S. Siegan and Debbie K. Taylor), St. Clair Shores, for Raina M. Ernstoff, M.D. and Raina M. Ernstoff, M.D., P.C.

Olsman Mueller, P.C. (by Jules B. Olsman and Donna M. MacKenzie), Berkley, for amici curiae Citizens for Better Care.

Janet M. Brandon, Farmington Hills, for amici curiae the Michigan Trial Lawyers Association.

MEMORANDUM OPINION

The issue presented in this case concerns the proper disposition of a medical-malpractice lawsuit after a court determines that the plaintiff's affidavit of merit does not meet the requirements of MCL 600.2912d.1 The Court of Appeals held that, because plaintiffs' affidavit of merit was determined to be defective, plaintiffs' claim must be dismissed with prejudice. Kirkaldy v. Rim (On Remand), 266 Mich.App....

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