April 16th, 2021
Pursuing justice for victims of medical malpractice in Michigan is a difficult and complicated path. As a result, there are numerous hurdles that a medical malpractice victim must overcome in order to be fully and fairly compensated for their injuries. These include pre-suit requirements such as a Notice of Intent to Sue, an Affidavit of Merit, a complicated and strict statute of limitations, and caps on non-economic damages.
Filing and successfully pursuing a claim for medical malpractice in Michigan is complicated and should not be attempted without the assistance of an experienced medical malpractice attorney.
At Muth Law, P.C., our medical malpractice attorneys have the experience, resources, and expertise to review your medical malpractice claim and successfully pursue the compensation that you and your family deserve.
Statute of Limitations for a Michigan Claim
A statute of limitations is a time constraint that limits the amount of time you have in which to file a lawsuit. In Michigan, the statute of limitations for bringing a medical malpractice claim is two years from the date of the doctor or other health provider’s actions that gave rise to the claim.
Determining the statute of limitations for a medical malpractice claim is complicated. An experienced medical malpractice attorney can evaluate your case to determine the applicable statute of limitations, protect your right to pursue compensation for your injuries, and represent you in court.
But beware. While the two-year statute of limitations may appear straightforward, there are other factors that must be considered.
For example, under Michigan Compiled Statutes Section 600.5838a(2), a medical malpractice lawsuit must be brought within six months after the harm to the patient was discovered, or reasonably should have been discovered, if the harm was discovered more than two years after the malpractice occurred.
Furthermore, all claims for medical malpractice must be filed no more than six years after the negligent actions of the doctor or healthcare provider, regardless of the date the malpractice was discovered, unless the doctor or health provider fraudulently concealed the malpractice or if the malpractice caused permanent damage to the victim’s reproductive system.
Finally, if the victim of the medical malpractice was under the age of 18 at the time of the malpractice, the statute of limitations differs on when the alleged malpractice occurred.
Determining the statute of limitations for a medical malpractice claim is very complicated and different for each case. An experienced medical malpractice attorney can evaluate your case to determine the applicable statute of limitations, protect your right to pursue compensation for your injuries, and represent you in court.
Affidavit of Merit Required in a Medical Malpractice Lawsuit
Michigan law requires that a medical malpractice victim include an Affidavit of Merit with the Complaint. An Affidavit of Merit is a legal document signed by a qualified healthcare professional who practices in the same specialty and has the same board certifications as the defendant. The Affidavit states that, in the expert’s professional opinion, the defendant failed to meet the standard of care. The Affidavit must identify the ways in which the defendant failed to meet the standard of care, the actions the defendant should have taken to comply with the standard of care, and the way in which the defendant’s failure to meet the standard of care caused the plaintiff’s injuries.
Caps on Non-Economic Damages in Michigan Medical Malpractice Claims
Michigan law limits the amount of compensation a victim of medical malpractice can receive for pain and suffering, called “Non-Economic Damages.” Non-economic damages are different from economic damages, which include the costs of past and future medical treatment, lost income, and lost earning capacity.
The cap on non-economic damages is adjusted for inflation. In 2021, the non-economic damage caps are $476,000, and at $851,000 for brain or spinal injuries that left the victim hemiplegic, paraplegic, or quadriplegic, with a permanently impaired cognitive capacity that prevents the victim from living independently, or for permanent damage to the plaintiff’s reproductive organs.
How to File a Claim for Malpractice
To properly evaluate your medical malpractice claim, your lawyers will start by requesting and reviewing your medical records. At Muth Law, our lawyers regularly consult with highly respected experts to help us determine whether you have a case and prepare the Notice of Intent and Affidavit of Merit.
Your lawyer will notify the defendants of your intent to file a medical malpractice lawsuit and, in many cases, may try to negotiate an out-of-court settlement with the defendants and their insurance companies.
If your lawyer is unable to successfully negotiate a settlement, he may file a lawsuit that identifies the defendants’ negligence, how the negligence caused your injuries, and your request for compensation.
Muth Law: Seeking Justice for Michigan Medical Malpractice Victims
If you or someone you love was a victim of medical malpractice, Muth Law can help. Learn about our record of success, the Muth Law promise, and the people we help. Then contact us today to schedule a free, confidential consultation to review your case.
At Muth Law, we handle medical malpractice lawsuits on a contingency fee, which means we don’t get paid unless we recover money for you.
Categories: Medical Malpractice