Posted on 10/28/2021

Why You Shouldn’t Wait to File | Medical Malpractice Statute of Limitations

Why You Shouldn’t Wait to File | Medical Malpractice Statute of Limitations

If you’re reading this article, then chances are that you, or someone you know, has an injury resulting from a medical provider. You may consider filing a medical malpractice lawsuit. 

As intimidating as the process may be, it’s best to get started on your medical malpractice case sooner, rather than later. 

Let’s break down what medical malpractice is, why you shouldn’t wait to file your medical malpractice case and how to get in contact with a medical malpractice attorney today. 

What is Medical Malpractice?

Medical malpractice is when a health care professional fails to provide the standard treatment of care to their patient and it results in harm to the patient. 

Medical malpractice, or negligence, happens every day across the world.

Between 2009 and 2018, it was reported that there were over $650 million payouts made in Michigan alone. Quite an alarming number. 

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Some of the most common medical malpractice claims include:

  • Surgical errors, which can also mean errors in preparation or with surgical tools
  • Medical misdiagnosis, or delayed diagnosis
  • Incorrectly reading or interpreting lab or radiology work
  • Medication errors, such as prescribing the wrong medication or the wrong dosage of a medication

Since every medical malpractice case is different, speaking with a malpractice attorney can help clarify what you to expect.

It’s important to know that while medical malpractice is happening everywhere, each state has its own set of rules for filing your case.

Statute of Limitations

The statute of limitations is how much time you have to submit your malpractice case to the courts. 

There are statute of limitations in every legal case, whether criminal or civil. Medical malpractice lawsuits are typically civil court cases.

In Michigan, the statute of limitations allows up to two years from the date of negligence or injury to submit your case. Or six months from the date when the claimant discovered the injury. 

However, there are exceptions to the Statute of Limitations. An experienced malpractice attorney can help break down how this affects your malpractice case. 

Since there is a limited time frame, reach out to a malpractice lawyer as soon as possible, to avoid any potential conflict with the Statute of Limitations.

The sooner you meet with a malpractice attorney to find out if you have a case.

Then the sooner you can be on your path to compensation for your injury and move forward with your life. 

Meeting with your Medical Malpractice Attorney

When you decide to take the next step and reach out to a medical malpractice attorney, there are some ways you can prepare so that you get the most out of your meeting.

The more information you can provide to your attorney, the better! 

This includes a wide range of documentation, including:

  • Doctor’s notes
  • Lab results 
  • Receipts
  • Photos
  • Emails
  • Videos 

Bring any other documentation that supports your malpractice case to your first meeting. 

Personal finance information

Your financials are taken into account when evaluating damages, so it’s beneficial to have your financial information on hand. 

Upon your first meeting, your malpractice attorney may ask for your driver’s license, W-2s and any proof of lost wages, if necessary. 

The medical provider’s information

If you can, it’s also good to have a list of each of your medical professionals’ information — any professional that was involved with your injury. They will most likely be contacted for further documentation. 

Sometimes it’s needed to prove that you did or didn’t have a certain condition prior to your claimed injury. Keep in mind that you may need to reach out to physicians, hospitals, or any other health care provider that you’ve seen.

Clarifying questions

Lastly, it’s helpful to have questions for your malpractice lawyer. Think of your meeting as an interview and you’re looking for the best candidate to represent you. 

You can ask about their experience, their expectations for your case, for any references. Ask for anything that would help give you a good idea of who you are choosing to represent you.

It’s also a good idea to ask about legal fees and what is expected of you as their client. Most lawyers will charge at least a consultation fee, on top of any other fee for their services. It’s okay to ask what their costs and fees are so you can plan ahead.

However, there are some malpractice attorneys that do not offer a consultation fee, such as Grover Lewis Johnson. In fact — they won’t charge you until they’ve won your case.

Lastly, preparing for your meeting with your prospective medical malpractice attorney also gives the attorney a better understanding of your injury and case. They’ll be able to offer more insight on what steps you can take moving forward towards your path of relief.

Don’t Wait any Longer

If you’re suffering from an injury as the result of medical malpractice, reach out to an experienced lawyer today to get started on your malpractice case. 

The experienced malpractice team at Grover Lewis Johnson is ready to discuss your injury and how they’re able to help, over a free consultation. 

We will fight with integrity, respect, and passion for you and your medical malpractice case.Don’t wait any longer, contact Grover Lewis Johnson today.