Whether plaintiff’s claim sounded in medical malpractice or negligence; Bryant v Oakpointe Villa Nursing Ctr (MI); Applicability of Michigan’s affidavit-of-merit (MCL 600.2912d) & presuit-notice (MCL 600.2912b) medical malpractice requirements in federal diversity cases, Hanna v Plumer; Walker v Armco Steel Corp; Gallivan v United States; Erie RR Co v Tompkins; The Rules Enabling Act

[This appeal was from the ED-MI.] In this diversity action, the court reversed the district court, holding that Michigan’s affidavit-of-merit and presuit-notice requirements do not apply to diversity medical malpractice actions in the federal courts where they conflict with the Federal Rules of Civil Procedure. Plaintiff-Albright, an Ohio resident, sued defendant-Christensen, a Michigan resident, and his medical practice in Michigan federal court for administering drugs that allegedly caused her physical and emotional harm. Defendants argued that Michigan’s medical malpractice affidavit-of-merit and presuit-notice requirements applied, while Albright argued that her case sounded in negligence and that those requirements do not apply in federal court. The district court ruled that Albright’s claim was for medical malpractice, and that even though the affidavit-of-merit requirement did not apply in federal court, her failure to comply with the presuit-notice requirement entitled defendants to summary judgment. It dismissed the case with prejudice. The court first held that Albright’s claim sounded in medical malpractice under Michigan law, concluding that it met the Bryant criteria. It then considered whether the two medical malpractice requirements apply in diversity cases. Applying Hanna, it considered whether the state law conflicted with federal law, and held that “Michigan’s affidavit-of-merit requirement conflicts with the Federal Rules of Civil Procedure.” However, unlike the district court, the court held that the presuit-notice provision also conflicts with federal law, where its requirements exceed those of the federal rule. Thus, the court held that under Hanna, Michigan’s affidavit-of-merit and presuit-notice requirements do not apply in federal diversity cases. As a result, Albright had no duty to comply with them before she filed her medical malpractice action in federal court. Remanded.