FAWZIA ALASRI V OAKWOOD UNITED HOSPITAL
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STATE OF MICHIGAN
COURT OF APPEALS
FAWZIA ALASRI, Personal Representative
of the Estate of MUSSED AHMED ALASRI,
UNPUBLISHED
August 21, 1998
Plaintiff-Appellant,
v
No. 197235
Wayne Circuit Court
LC No. 96-617455 NH
OAKWOOD UNITED HOSPITALS, INC.,
OAKWOOD HOSPITAL CORPORATION,
and JOSE SORIANO, M.D.,
Defendants-Appellees.
Before: Murphy, P.J., and Young, Jr. and Michael R. Smith*, JJ.
MEMORANDUM.
Plaintiff appeals by right the order dismissing the complaint without prejudice for failure to
comply with MCL 600.2912(b); MSA 27.2912(2). We affirm. This appeal is being decided without
oral argument pursuant to MCR 7.214(E).
On appeal, plaintiff asserts that MCL 600.2912(b); MSA 27A.2912(2) is unconstitutional
because it violates equal protection and due process protections, constitutes an improper delegation of
legislative power, is vague, and conflicts with our Supreme Court’s rule-making authority. This Court
recently considered and rejected identical claims in Neal v Oakwood Hosp Corp, 226 Mich App 701;
___ NW2d ___ (1997). For the reasons stated in Neal, plaintiff’s arguments are without merit.
Plaintiff also asserts that the trial court erred dismissing this action rather than granting a stay.
This Court rejected this argument in Morrison v Dickinson, 217 Mich App 308; 551 NW2d 449
(1996), and held that the appropriate remedy for a violation of the notice provision is dismissal without
prejudice. Plaintiff is free to refile immediately, the 182-day notice period having expired and the statute
of limitation having been tolled during this appeal. Id.
Affirmed.
/s/ William B. Murphy
-1
/s/ Robert P. Young, Jr.
/s/ Michael R. Smith
-2
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