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STATE OF MICHIGAN COURT OF APPEALS FAWZIA ALASRI, Personal Representative of the Estate of MUSSED AHMED ALASRI, UNPUBLISHED August 21, 1998 Plaintiff-Appellant, v No. 197235 Wayne Circuit Court LC No. 96-617455 NH OAKWOOD UNITED HOSPITALS, INC., OAKWOOD HOSPITAL CORPORATION, and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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