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ONLY FOR SEATTLE SCOTT -...
ONLY FOR SEATTLE SCOTT - Some questions are long and I will respect with a nice tip
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HI SCOTT - SOME HELP ON UNDERSTANDING MICHIGAN LAWS PLEASE
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SPOKE TO HENRY FORD HOSPITAL SYSTEM (HFHS) WHO DO THEIR OWN R.F.IS.K "IN-HOUSE" DEFENSE AND PAYOUT...WOW!
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THEY ARE (AT LEAST AT THIS POINT) "GOING TO DEFEND ?? !!
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GAME ON FOR 4.1 MILLION DOLLARS (PV 1.5%, YOU TAUGHT ME THAT :-)
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4.1 MIL HAS A NICE :RING TO IT
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STATEMENT 1: ACCESS TO MEDICAL RECORDS DURING NOTICE PERIOD.
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A claimant mailing a notice of intent shall provide access to all medical records pertinent to the claim and provide signed medical record releases within 56 days of the notice. MCL600.2912b(5). Within 56 days of receipt of a notice of intent, a notified party or facility must provide the claimant access to all medical records.
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I was able to access and receive "medical information" From my insurance company that would not be considered medical records And that I did use in my Notice of Intent (NOI) .
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Must I include those records in their request for.access to all medical records?
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. STATEMENT 2 - COMPLAINTS MUST PLEAD ALL CLAIMS FROM TRANSACTION OR OCCURRENCE. MCR2.203(A) requires a plaintiff to join all claims arising out of the same transaction or occurrence, including any medical malpractice claims
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QUESTION 2 - IS THE FOLLOWING SENTENCE ADDRESS THIS ISSUE.....Plaintiff herein, repeats and realleges the allegations contained in Paragraphs 1 through 28 of Count I of this Complaint with the same force and effect as though more fully set forth herein.If not please help???
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STATEMENT 3 COMPLAINT ALLEGATIONS NOT MADE IN THE NOTICE OF INTENT.
A complaint which raises issues not raised in the Notice of Intent fails to comply with the notice requirements of MCL(###) ###-####(4)(c).......HOWEVER....... I read this later on
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ADDITION OF NEW CLAIMS & THE STATUTE OF LIMITATIONS.
Under the doctrine of “relation back,” amendments to pleadings, NEW Claims of negligence, and defenses MAY BE ADDED even though the statute of limitations has run. Such pleadings will relate back to the date the original Complaint was filed.
MCR 2.118(D) provides that “an amendment that adds a claim or a defense relates back to the date of the original pleading if the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth, or attempted to be set forth, in the original pleading.” ........IS THIS ALLOWING ME TO ADD A NEW COUNT TO MY NOI OR ONLY MY COMPLAINT?
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I have others after we work this closeout tip and onto a new one
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As always Scott thank you so very much.
Submitted: 4 months ago.Category: Personal Injury Law
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Customer reply replied 4 months ago
ADDITIONAL NOTICES OF INTENT & THE STATUTE OF LIMITATIONS.-....PART B
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After the initial notice has tolled the statute of limitations once, the tacking (addition) of successive 182-day tolling periods is not allowed, regardless of how many additional notices are subsequently mailed for the claim, or how many additional health professionals or facilities are notified. MCL(###) ###-####(6). An additional Notice of Intent will toll the statute of limitations, and does not violate the prohibition against tacking in MCL(###) ###-####(6) if other notices were sent soon enough that the notice period did not run into the statute of limitations. MCL(###) ###-####(6) only bars multiple tolling periods. Mayberry v General Orthopedics, PC, 474 Mich 1, 7-8; 704 NW2d 69
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PLEASE TRANSLATE THAT IN "LAYMAN'S" ENGLISH PLEASE
Customer reply replied 4 months ago
FOLLOW UP QUESTION 4 TO QUESTION 1 - In releasing all medical records,
QUESTION 4: am I supposed to release The medical records (MR) to the defense and send them a copy of my SIGNED release form or send To the defense ONLY a copy of the SIGNED release with my signature and that they must pursue the medical record release?
Answered in 16 days by:
12/31/2017
Personal Injury Lawyer: Seattle Scott, Attorney replied 3 months ago
Seattle Scott
Seattle Scott, Attorney
Category: Personal Injury Law
Satisfied Customers: 1,003
Experience: I have 25 years experience as a Washington State Personal Injury Attorney
Verified

Sorry I didn't see this question earlier.

1. Your insurance company does not have your medical records, since an insurance company is not a "medical provider" so you don't need to release your insurance "medical information".

2. You are fine on this issue. MCR2203(A) just means that any claims or causes of action not plead in the Complaint are waived as to the defendants sued. You can't sue on some claims and hold back other claims to see what the first outcome is and then sue the same defendants again on different theories of liability. But you are not doing that so not a concern.

3. MCR2.118(D) allows new claims to be added to the Complaint only, but it is specific to the statute of limitations issue. I think the two you cite mean if you discover a new claim after you have filed suit, that was not in your NOI, you are going to have to resubmit your NOI and then after the notice period runs out you have to refile your Complaint with the new claim added. If the new claim would normally be now barred by the statute of limitations, it will not be barred if the initial Complaint was timely filed, as the new claim/Complaint relates back to the initial filing. But I am not 100% sure of this interpretation.

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Seattle Scott
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