Neal v. Oakwood Hospital Corp

In Neal v. Oakwood Hospital Corp, 226 Mich App 701, 715; 575 NW2d 68 (1997), the Court held that "dismissal without prejudice was the appropriate remedy for plaintiff's noncompliance with 2912b(1) the notice provision." Further, the Neal Court explained that "allowing plaintiff to disregard 2912b(1) and prematurely commence his action simply in order to avoid the 1995 legislation and obtain the alleged benefit of supposedly more favorable law to the formal litigation of his case would directly undercut the statutory purpose of encouraging settlement before formal litigation is commenced." Id. at 716.