24 M.L.P. 2d PHYSICIANS & HEALTH CARE PROFESSIONALS § 68

Summary

The law is “abundantly clear” that where a medical malpractice plaintiff fails to comply with the statute by prematurely filing suit before the end of the 182-day no-suit period following the service of the notice of intent,926 the appropriate remedy generally is dismissal without prejudice.927 However, the error or procedural defect in filing a complaint and affidavit of merit before the expiration of the 182-day notice period following the filing of the notice of intent is subject to the statutory provision928 giving the rail court discretion to amend any process, pleading, or proceeding “in the furtherance of justice” and to disregard any error or defect in the proceedings that do not affect the substantial rights of the parties.929