When filling a medical malpractice lawsuit, how long is too late to file?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When filling a medical malpractice lawsuit, how long is too late to file?
Asked on May 3, 2012 under Malpractice Law, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In Michigan, a medical malpractice lawsuit must be filed within two years after the act or omission on which the claim is based or brought within six months after claimant discovered or should have discovered the existence of the claim so long as it is brought within six years after the act or omission. The above does not apply if the health care provider's fraud prevents discovery or the injury involves the reproductive system.
These rules apply to minors, but a minor's action may be brought any time before the minor's tenth birthday or fifteenth birthday for injury to the reproductive system.
A complaint (lawsuit) alleging medical malpractice must be accompanied by an affidavit of merit signed by a qualified health care professional.
Before filing a medical malpractice claim, the plaintiff must give written notice to the defendants at least 182 days before the action is commenced.
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 AttorneyPages.com 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.