As with most types of personal injury lawsuits, the statute of limitations for medical malpractice is 2 years from the time of the injury-causing event. However, there are several exceptions that allow you to sue later.
Dearborn, MI – According to a recent study by the researchers at Johns Hopkins Medicine, each year 250,000 Americans die as a result of medical malpractice, although many say the real number is much higher. Medical malpractice is defined as a situation where a doctor, nurse, or any other member of the medical profession fails to provide adequate care to a patient. Medical professionals are expected to use their knowledge and skills to diagnose and treat patients at certain standards. Any error they commit may have tragic consequences. Their saying sorry is not enough. They will have to pay for what they’ve done. However, to see justice done you will need to talk to a seasoned Michigan medical malpractice lawyer, as this type of claim is quite complex.
What are the most common types of medical malpractice?
Unfortunately, some get injured through medical malpractice before they are even born. Birth injuries are one of the most common types of medical malpractice and if your little one got cerebral palsy, shoulder dystocia, or any other problem because of inadequate care during labor and delivery you can and should file a personal injury lawsuit.
Other common types of medical malpractice include:
- Failure to diagnose a serious condition, such as cancer or heart problems
- Surgical errors
- Anesthesia mistakes
- Medication mistakes (wrong medicine or dosage)
- Lab mistakes or misinterpretation of test results
- Emergency room errors
Depending on the circumstances, you may sue the medical practitioner or you can sue the hospital for damages. Or both.
What is an Affidavit of Merit?
You need to study for many years to become a doctor and the law in Michigan doesn’t allow regular folks to file a lawsuit simply because they think the doctor made a mistake. You’ll need some sort of proof for your lawsuit to be even considered. In legal terms, this is called an Affidavit of Merit.
Your Connecticut medical malpractice lawyers will contact one of the experts they usually work with and they will study the facts to see whether there was an error or not. To be able to formulate a valid opinion, the expert must have a degree in the same field, plus many years of practice to be able to judge what another doctor did wrong.
What is the statute of limitations for medical malpractice in Michigan?
As with most types of personal injury lawsuits, the statute of limitations for medical malpractice is 2 years from the time of the injury-causing event. However, there are several exceptions that allow you to sue later.
Your lawyers may invoke the discovery rule exception. In some cases, you may not become aware the doctor made a mistake until much later so you couldn’t have sued within 2 years.
Also, when it comes to minors you may be able to file a lawsuit up to the moment your child turns 19.
Do I have to go to trial for a medical malpractice case?
Not necessarily. Most personal injury cases are settled out of court. This is especially true for medical malpractice as neither the doctor nor the hospital will want to attract all the bad publicity inevitable when they’re dragged to court.
However, you’ll need a lawyer skilled enough to drive a hard bargain, someone who will guarantee that you get the kind of settlement you need to get the medical care you may need in the future.
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