Courts reject Defendants' effort to secure summary disposition of child's malpractice claim

The Court of Appeals this week upheld the lower court's refusal to prematurely dismiss the malpractice claim involving Xavier Graves. Sinai-Grace Hospital, the DMC and Sophie Womack, M.D., had appealed the refusal to grant summary disposition, arguing that the (45 page) Notice of Intent filed by the child's family did not adequately explain to the medical defendants how their alleged malpractice caused the child's neurological injuries. The medical defendants argued that if the NOI was deficient, the statute of limitations was not tolled and the case should be dismissed in its entirety. Both courts rejected the claim that the NOI did not adequately apprise the Defendants of the family's claim of negligence. The Court of Appeals panel agreed unanimously that the NOI was sufficient and pointed out the specific allegations contained within it.