Medical malpractice is the failure of a medical professional to meet a patient’s standard of care in any manner, resulting in harm to the patient. Thousands of people trust their medical providers to safely and effectively treat their illnesses and injuries, and while most medical professionals do their utmost to provide appropriate care, some fail to. The Michigan medical malpractice statute of limitations, explained in this blog, is a key factor in making a valid claim.
If you believe you or someone you love suffered harm from medical malpractice, there may be grounds to file a medical malpractice claim against the party that caused your damages. A medical malpractice suit technically falls under the purview of personal injury law, but there are special procedural rules that apply to medical malpractice claims that you must understand if you hope to succeed with your case.
Filing Your Medical Malpractice Claim
The first procedural rule you must acknowledge when it comes to filing a medical malpractice claim in Michigan is the statute of limitations or the time limit in which you must file your claim. Generally, there is a two-year statute of limitations for medical malpractice claims in the state. This means that a plaintiff must file their claim within two years of the date their injury occurred, or they lose the right to seek relief from the defendant.
Some variables can influence the statute of limitations for your case. For example, if any issue prevents you from accurately determining the cause of your injury, this may toll or delay the statute of limitations until you are able to discover the exact cause of the injury you sustained.
Unfortunately, it is relatively common for doctors and other health care professionals who knowingly breach their professional duties of care to their patients to take steps to conceal their actions. It is also possible for administrative issues with a hospital or other medical treatment center to interfere with the victim’s ability to ascertain the cause of their injury.
State law not only requires the medical malpractice victim to meet the statute of limitations for their case but also to fulfill two additional preliminary steps.
- First, the plaintiff must secure an affidavit of merit from an appropriately qualified medical professional. This individual must hold equivalent medical board certifications and experience to the defendant, and their affidavit should be a detailed explanation of how the defendant breached the standard of care the plaintiff required.
- Second, the plaintiff and their attorney must file a Notice of Intent to File Suit against the defendant at least 182 days before actually filing their civil claim.
Ultimately, the statute of limitations is a vital initial consideration for anyone who intends to file a medical malpractice claim. However, this is just one of the procedural steps you must complete to proceed with your claim. It’s crucial to consult an experienced medical malpractice attorney in Michigan as soon as you can to maximize your chances of favorable results and reach a positive outcome in the most efficient manner possible.
Whether you have just been injured at the hospital or are recovering from an incident and concerned about the statute of limitations, the most effective way to improve your chances of a successful medical malpractice claim that gets you the support and resources you need is to work with a trusted medical malpractice attorney.
The medical malpractice team at Goethel Engelhardt, PLLC has helped many injured Michiganders just like you use the law to their advantage.
FAQs About Michigan Medical Malpractice Statute of Limitations
Are There Exceptions to the Statute of Limitations for Medical Malpractice in Michigan?
The standard two-year statute of limitations for a medical malpractice claim may be waived if the patient cannot discover the harm done by the defendant within this timeframe. The statute of limitations could shift to six months from the date of discovery in this case. It’s also possible for the statute of limitations to be delayed if the defendant fraudulently concealed their malpractice in any way.
How Soon Should I Speak With an Attorney About a Medical Malpractice Claim?
It is advisable to start your proceedings as soon as possible after suffering any type of medical malpractice. The sooner you consult an attorney, the more likely you are to succeed with your claim.
Additionally, you must meet specific procedural requirements to hold the defendant accountable, such as securing an affidavit of merit and submitting a Notice of Intent to File Suit at least 182 days prior to the actual filing of your claim. After determining that you were harmed by any type of medical malpractice, consult an attorney as soon as possible to start the claim-filing process.
Do I Need an Attorney to File a Medical Malpractice Claim?
Technically, no, you have the right to try to file your case without hiring an attorney. However, you face several risks in doing so.
You could make mistakes in the early stages of your case, have difficulty finding an appropriately qualified medical professional to sign your affidavit of merit, or unintentionally settle for less than you legally deserve. Having reliable legal counsel makes every aspect of your case easier to manage and significantly improves your chances of success.
How Much Is My Medical Malpractice Claim Worth?
There are some limitations concerning how much you could potentially receive in damages for a medical malpractice claim. Generally, the plaintiff of a medical malpractice suit can seek the full amount of their economic damages. These can include the cost of any corrective medical care they require and lost income for the time they cannot work because of their injury.
State law also lets the plaintiff seek pain and suffering damages from the defendant, but pain and suffering are capped under state law.
Are There Penalties for Medical Malpractice in Michigan?
The medical professional responsible for your injury faces not only liability for the civil damages you suffered from their malpractice but also professional consequences and maybe even criminal charges. They could lose their medical license and face heavy fines, along with their liability for your damages. They could also face prosecution if they intentionally harmed you or if their actions exceeded the scope of typical negligence.
Should I Hire a Medical Malpractice Lawyer?
You should hire a medical malpractice lawyer if you believe that you were injured or suffered a serious illness due to negligent or improper treatment while you were a patient at any health care facility. A highly qualified medical malpractice attorney can help you understand Michigan medical malpractice laws and give you powerful, actionable legal guidance to steer your medical malpractice case to the most favorable outcome possible.
Goethel Engelhardt, PLLC: Michigan’s Trusted Medical Malpractice Litigators
If you or a loved one went to the doctor for help with a medical issue and were instead harmed by the very healthcare professionals you put your trust in, you may have a valid medical malpractice claim. The team at Goethel Engelhardt, PLLC, is prepared to assist clients with a full range of medical malpractice cases, including those related to:
- Emergency Room Visits – Going to the ER or an urgent care facility for help can be a stressful and disorienting experience, and you deserve to be treated with care and respect when you unexpectedly need medical help. When an ER visit does more harm than good, you may have grounds for a medical malpractice case.
- Birthing Injuries – There are inherent dangers and challenges to the process of bringing a new life into the world, but with modern medicine and technology, doctors and nurses who act appropriately can greatly mitigate these risks. When medical staff in the birthing ward fail to live up to the tremendous responsibility entrusted to them, this can result in legally actionable injuries to mothers or newborns.
- Surgical Errors – Mistakes and misjudgments made in the operating room can have dire consequences for patients. These real-life nightmare scenarios can take a wide variety of forms, from foreign objects left behind in an incision to mixed-up charts that result in the wrong body part being operated on.
- Anesthesia Complications – When being put under for a procedure doesn’t go according to plan, your provider can be held accountable through medical malpractice laws.
- Medication Issues – Mistakes on prescriptions or in-hospital medication orders are another type of medical negligence that can have severe, even fatal, outcomes.
- Patient Negligence – Basic negligence in facilities like nursing homes is another all-too-common form of malpractice.
The list above is far from exhaustive, and many other situations may potentially qualify as a legally actionable medical malpractice incident, as long as you file your claim before the statute of limitations expires. With Goethel Engelhardt, PLLC, getting a highly qualified opinion as to whether your own medical malpractice claim is valid is as simple as a single call or click.
Goethel Engelhardt, PLLC, has the experience and resources necessary to provide the legal guidance you need for your medical malpractice case. If you are unsure whether you have grounds for a medical malpractice suit or if you do not know the right way to proceed with your claim, we can help. Contact us today to schedule your consultation with our firm and learn more about the legal services we offer.
