Why You Shouldn’t Wait to File a Medical Malpractice Suit

These days, everyone is focused on surviving the current health crisis. Michiganders are taking unprecedented measures to protect themselves and their families from this scourge. Understandably, some people have put certain matters on hold during this challenging time. However, if you are the victim of a negligent physician or medical facility, you should not wait to consult a malpractice lawyer. Due to Michigan’s strict medical malpractice statute of limitations for claims, you could lose your right to sue by waiting too long.

What does “statute of limitations” mean?

A statute of limitations is a law that requires plaintiffs to file lawsuits within a certain time limit. Those who fail to meet these legal requirements are likely to have their claims dismissed. While the Michigan statute of limitations is usually two years for personal injury claims, there are certain exceptions. Therefore, it’s important to consult a qualified personal injury lawyer if you are thinking of filing a medical malpractice claim. 

What is Michigan’s medical malpractice statute of limitations?

The medical malpractice statute of limitations and standard statute of limitations for personal injury cases is two years. The time period generally starts on the date of the medical error.

However, another Michigan law extends this deadline to “within six months after the plaintiff discovers or should have discovered the existence of the claim…”

In these cases, plaintiffs must prove they did not discover, and could not have reasonably discovered, the malpractice within two years of its occurrence.

Finally, an additional law provides a “statute of repose” that allows plaintiffs to file claims up to six years from the date of the incident. This deadline applies regardless of when the victim discovered the malpractice. Again, there are certain exceptions, such as fraudulent conduct on the part of the physician. Another exception exists for plaintiffs who can no longer procreate due to loss of or damage to a reproductive organ.

Additionally, the deadlines differ for wrongful death cases or victims who were under 18 when the malpractice occurred. 

What constitutes medical malpractice in Michigan?

Medical malpractice is now the 3rd leading cause of death in the United States, behind heart disease and cancer. When a medical practitioner is negligent and causes a patient serious harm, it is considered medical malpractice.

The plaintiff must prove they suffered harm because the doctor or other medical professional failed to comply with a reasonable standard of care.

In addition, facilities such as hospitals, clinics and nursing homes can also be sued for medical malpractice. 

Surgeons are sued for malpractice more often than doctors in other specialties, followed by obstetricians.

Here are some of the most common causes of medical malpractice lawsuits:

• Surgical errors
• Failure to diagnose a serious condition such as cancer or heart disease
• Misdiagnosis
• Birth injuries due to mistakes during labor and/or delivery
• Medication errors
• Faulty administration or monitoring of anesthesia
• Inadequate patient safety protocols that result in falls or infections

“The law doesn’t take a break, and neither do we,” says Mark Bernstein of The Sam Bernstein Law Firm. “Our entire legal team is here to serve you without interruption using our advanced technological capabilities. Don’t lose out on the compensation you deserve. You don’t have to leave home to get your case started today.”   

Medical malpractice laws are complicated, but finding the right attorney is simple.

Call 1-800-CALL-SAM today for a free no-obligation consultation from the safety of your home.

Sources:

https://www.nolo.com/legal-encyclopedia/what-michigan-s-statute-limitations-filing-medical-malpractice-lawsuit.html

https://www.medscape.com/slideshow/2017-malpractice-report-6009206#4

http://www.legislature.mi.gov/(S(h4z5b1eytlb1dnmw4ojookue))/mileg.aspx?page=getObject&objectName=mcl-600-5805

http://www.legislature.mi.gov/(S(4dkmucvlqukjmfyvdvthd21z))/mileg.aspx?page=getobject&objectname=mcl-600-5838a