Can I sue for negligence or malpractice?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue for negligence or malpractice?


I was born in 95 6 weeks premature with uni coronal craniosynostosis a
premature fusion of the right coronal skull suture. Moments after birth my
mother noticed I had a cone shaped bone at the side of my forehead. When she
asked the doctor about it, he said it was normal and would smooth itself out
and was nothing to be looked into. I am now 20 years old and my skull and face
are slightly deformed and causing me severe emotional distress. I have been to
a craniofacial surgeon, and he told me the deformity was caused by untreated
craniosynostosis and I would have to undergo an expensive facial reconstruction
surgery to fix it. What I am wondering is, do I have a case here? It sounds
like negligence to me.


Asked on September 30, 2016 under Malpractice Law, Michigan


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
The problem with a malpractice case at this time is the statute of limitations. 
A lawsuit has to be filed prior to the expiration of the statute of limitations or the case is barred.
The statute of limitations in Michigan is two years from when the malpractice occurs or within six months after you discovered or should have discovered the existence of the claim.
Regardless of when you discovered the malpractice, if it occurred more than six years before the filing of the lawsuit, the case is barred under Michigan's statute of limitations.
Although it is possible to extend the six year statute of limitations since you were a minor when this occurred, it is unlikely it would be extended this long; however, it would be advisable to discuss that with a Michigan medical malpractice attorney.  You can contact your County Bar Association for a referral to a medical malpractice attorney in your area.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption