The legal world can be intimidating, largely due to the complex terminology involved.
In any medical malpractice lawsuit made against a medical provider or an entity, there is a set of guidelines that both parties must follow.
Any breach or delay in following the set protocols can cause a case to be thrown out.
If you’re reading this, then chances are you’re considering filing a medical malpractice lawsuit. If that’s the case, then there’s one term in specific that you should make yourself familiar with — the statute of limitations.
We’re going to review what the Michigan statute of limitations is and where it takes place in a medical malpractice lawsuit.
We’ll also discuss why it’s important to understand the statute of limitations and how you can receive a free consultation with an experienced medical malpractice attorney.
What is a Statute of Limitations?
Definition: (noun) A statute that assigns a certain time limit for when legal action can be enforced.
This statute of limitations is the amount of time you have to submit your medical malpractice lawsuit to the court.
Each state has its own statute of limitations for various lawsuits.
The statute of limitations for medical malpractice, or negligence, in Michigan is typically two to three years.
However, there are exceptions to this statute. Certain situations which can also extend, or change the deadline, such as the Discovery Rule. The Discovery Rule speaks to when the injury was discovered.
There are also crucial steps involved before submitting your lawsuit, called filing the NOI. This can also alter the deadline for the statute of limitations.
This is where the legal lingo can get particular.
Because Michigan’s statute of limitations is so complex, it’s recommended to reach out to an experienced and knowledgeable attorney. They can further break down how it affects your medical malpractice lawsuit.
Time is of the essence and it’s extremely beneficial for you to understand your rights. And also to not go at it alone.
Why Should You Know about Michigan Statute of Limitations?
If you or someone you know is suffering from an injury, or even death, due to medical malpractice, or negligence, then you deserve compensation.
There’s a lot to gain from filing a medical malpractice lawsuit. This can include compensation for damages such as loss of work, past and future therapy treatments, hospitalization bills, and more.
There are mainly two classifications of damages you should know about — economic and non-economic.
Economic damages refer to compensation for monetary losses. This includes hospital bills, past, and future medical expenses, loss of employment, and other financial losses.
Non-economic damages refers to compensation for non-monetary losses. This includes, but is not limited to, emotional and physical pain, loss of companionship, and emotional distress.
In severe cases, the courts may award punitive damages which would be compensation for exemplary misconduct.
However, you cannot receive any compensation for damages ensued, if you don’t file your medical malpractice lawsuit in the right amount of time.
If you have suffered an injury at the expense of your medical provider, reach out to a trusted medical malpractice attorney. Find out if you’re eligible to file a medical malpractice lawsuit, today.
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Do I Have a Case?
Medical malpractice, or negligence, is fairly common in the United States and has been on the rise since the mid-late 1900s. However, not every medical malpractice lawsuit brought forth to the courts has won.
Some of the most common causes of medical malpractice are:
- Misdiagnosis or delayed diagnosis: This occurs when the medical provider misdiagnoses a patient and therefore doesn’t provide proper care or fails to diagnose the patient in the right amount of time to be able to provide proper treatment.
- Surgical errors: Surgical errors can range from the surgeon entering the wrong location on the body to leaving surgical tools and instruments in the body.
- Medication errors: This includes when you’ve prescribed the wrong medication or the wrong dose of a medication.
- Birth Injuries: Birth injuries can occur for a wide range of reasons, but can be preventable. Most birth injuries are lifelong and detrimental to the infant’s health.
There’s a lot involved in building and preparing for a medical malpractice lawsuit.
If an attorney determines you have a case, then they must be able to prove four factors to the court:
- You have an established doctor-patient relationship
- Your medical provider failed to provide the standard level of care
- You sustained an injury due to malpractice, or negligence
- You sustained economic and non-economic losses due to the injury
To prove this, your attorney will need to gather and review all the facts of your injury, which is extensive work.
This includes gathering all evidence, such as photos, receipts, doctor’s notes, and much more. This is a major benefit of having an experienced medical malpractice team on your side.
Another huge benefit of hiring a medical malpractice lawyer is the legal support and expertise throughout the course of the lawsuit. You may have to go to depositions and other court proceedings, which would require preparation.
Before reaching out, consider these helpful tips from Grover Lewis Johnson and feel fully prepared for your meeting.
Please remember it’s in your best interest to reach out to someone sooner rather than later.
Get the Help and Expertise that You Need
If you or someone you know has suffered an injury due to medical malpractice, or negligence, then you shouldn’t wait any longer to get help.
The attorneys at Grover Lewis Johnson will listen to your story with empathy and provide you with their best legal advice.
They’ll determine if you’re eligible to file a medical malpractice lawsuit and can explain how Michigan’s statute of limitations affects your case.
Fill out this intake form to set up a date to speak with an attorney from our medical malpractice team. Let us help you get the compensation you deserve.