Albright v. Christensen
United States Court of Appeals for the Sixth Circuit
24 F.4th 1039 (2022)
- Written by Jamie Milne, JD
Facts
While recovering from a car accident, Sandra Albright (plaintiff) became addicted to opioids. Albright sought detoxification treatment from Dr. Carl Christensen (defendant). The treatment caused Albright physical and emotional harm, prompting her to sue Christensen and his medical practice (defendant) for negligence in a federal district court in Michigan, invoking the court’s diversity jurisdiction. Christensen argued that the claim was actually a medical-malpractice claim and that it should be dismissed because Albright had failed to comply with Michigan’s presuit-notice and affidavit-of-merit requirements for medical-malpractice actions. The district court concluded that the claim was a medical-malpractice claim, Michigan’s presuit-notice requirement applied, and Albright had failed to provide the requisite notice. The district court therefore dismissed Albright’s claim with prejudice. Albright appealed, insisting that even if her claim was a medical-malpractice claim, Michigan’s presuit-notice and affidavit-of-merit requirements were not applicable in the federal diversity action.
Rule of Law
Issue
Holding and Reasoning (Moore, J.)
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