Medical Malpractice

If you are under the care of a physician, a patient in a hospital, or if you have been treated in a clinic or emergency care facility you learn to expect a reasonable level of professional care while a patient. The care you receive should be comparable to the same care you would receive from any professional in the medical field. If by mistake or intent, you do not receive reasonable care you may have a case for negligence against the physician or the medical facility and the possibility of a medical malpractice lawsuit.

File Within Two Years

In Michigan, if you have a claim that will lead to a medical malpractice suit you have to file this claim within two years, or within six months of the discovery of the event causing the injury after the two years has expired. If you are a minor under the age of 18 other regulations may apply. Filing on time and following legal guidelines is of utmost importance with a medical malpractice case.

A Notice of Intent to File Suit (NOI) is required to be submitted to the defendant no later than 182 days after the event of the incident. If this is not filed on time and if it fails to meet all the legal requirements as stipulated in Michigan law, then the case can be dismissed.

Within this time period required by a statute of limitations, a doctor must complete or endorse an affidavit of merit that certifies that the injury was due to the failure of the defendant to provide the standard of care that would have been appropriate, and a description of the actions that should have been that would have avoided the injury. In addition, the defendant must file a similar document that supports the case that no negligence occurred.

The 182 day filing period is upheld by the courts to allow the flexibility of attorneys who represent the parties in the lawsuit time to review the information and work towards a settlement out of court if possible. This practice and expectations usually work best for the victim since they receive compensation promptly and for the legal system that avoids prolonged and expensive trials. In Michigan, awards for malpractice settlements are capped at $440,000 for non-economic damages and at $790,000 for a permanent disability or loss of a reproductive body part.

Some of the medical malpractice lawsuits that the Cochran Law office has been involved with include:

At the Cochran Law Offices, we have the experience and knowledge to advise you on any form of negligence that may lead to a malpractice lawsuit. Contact us at Cochranlaw.com or call us at 1-866-MICH-LAW (1-866- 755-9502) for a free consultation.

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