Michigan Court: Wrong Address Not a Barrier to Filing Malpractice Lawsuit

The Michigan Supreme Court says the wrong address is not a reason to stop a woman from filing a medical malpractice lawsuit against her former eye doctor.

The court’s 4-3 decision this week reinstated a lawsuit against David Gossage and Gossage Eye Center in Hillsdale.

Donna DeCosta’s lawsuit in Hillsdale County was thrown out when a judge said she failed to give notice within a two-year period. The notice was sent before the period expired in 2006, but it was mailed to an old address.

Justice Elizabeth Weaver says any defect was “minor” and “technical.” The Supreme Court’s three conservative justices disagreed.