• How long do I have to file a medical malpractice claim?

The statute of limitations for medical malpractice cases varies from state to state. In Michigan, you have two years from the date of the healthcare professional’s negligent act or omission to file a medical malpractice claim. If the malpractice resulted in the patient’s wrongful death, you have additional time to file. If a patient (or a deceased patient’s loved ones) do not discover the negligence until after the two years have passed, he or she has six months from the time he or she discovered or should have discovered the malpractice – but no more than six years after the act or omission – to bring a claim.

Plaintiffs pursuing medical malpractice claims in Michigan cannot immediately file a civil lawsuit. Instead, they are first required to give written notice – a notice of intent – to the healthcare professional accused of malpractice.

Because of the complexities in initiating and proving a medical malpractice action, you should consult an experienced attorney, like the attorneys at Sommers Schwartz.

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