What is the Notice of Intent to File a Claim in Michigan?
When people in Michigan seek medical care they generally expect that the attending healthcare providers will act in their best interests. Unfortunately, patients can experience injury, worsening of their conditions, or even die due to the negligence of those they have entrusted with their wellbeing.
What is the statute of limitations for medical malpractice cases?
Typically, the statute of limitations to initiate a medical malpractice claim in Michigan is two years from the date of the negligent act or six months from the date of discovery.
There are many complicated steps to filing a Michigan medical malpractice lawsuit, and it’s usually a good idea to hire a skilled medical malpractice attorney from the start. A medical malpractice attorney not only has the ability to explain all the steps of a medical malpractice lawsuit in Michigan, but they can also help write and file the necessary forms and letters as you focus on your own most important task: recovery and reclaiming your health.
However, even with the help of a skilled malpractice attorney or a top personal injury lawyer, it’s still useful to be aware of the steps of the process for yourself. Michigan, for example, requires all patients-turned-plaintiffs to send the potential defendant (the doctor or medical professional who might have caused all these problems) a Notice of Intent to File a Claim. What is that, and how does that work?
What is a Notice of Intent to File a Claim?
Michigan law requires a mandatory 182-day notice of a lawsuit to the defendant. It’s a letter detailing the problem, explaining why you’re filing, and giving them a chance to prepare themselves to show up in court. The formal complaint with the accompanying affidavits of merit from qualifying medical experts cannot be filed until the 182-day waiting period is up.
A checklist for your Notice of Intent to File a Claim
A medical malpractice lawyer at our law firm can help explain each of these checklist items in greater detail.
Under Michigan law, here are some of the things you need to put in your Notice of Intent to File:
- A factual basis for your claim of medical malpractice
- The standard of care you should have received
- How the medical practice or professional you initially trusted failed to measure up to standards of care
- How the medical practice or professional should have behaved instead
- How the medical practice’s or professional’s behavior resulted in your injury
- The name or names of everyone you, the plaintiff, intend to file against
Additionally, there are some time constraints and logistical requirements attached to a Notice of Intent to File. Here are a few of them:
- You have to give the health practice, health practices, or health professionals at least a 182-day warning
- If the warning was ignored, or if you filed your notice already, then you are allowed to give a final 91-day warning
- You must send your Notice of Intent to File a Claim to all the relevant parties
There’s a little more to it
Unfortunately, this checklist is not exhaustive. The law is fairly exacting when it comes to medical malpractice claims, which is why a medical malpractice attorney at Cochran, Kroll & Associates, P.C. can be extremely helpful in guiding you through the legal requirements.
If you feel you have experienced medical negligence or substandard medical treatment and suffered as a consequence, contact our law firm for a no-obligation consultation to discuss the merits of your case. We can help you submit your affidavit of merit which requires the signature of a qualifying medical expert and file a lawsuit against the healthcare professional or facility who caused your injury and pain and suffering.
What damages may be awarded?
Patients who suffer harm due to third-party negligence may incur a range of economic expenses that include the cost of additional treatment, the cost of future-related healthcare needs as well as lost wages. There is no limit on the amount of economic damages patients may be awarded.
Non-economic damages include disfigurement, disability, pain and suffering, and loss of quality of life. According to state law, the 2020 Michigan cap for non-economic damages is $842,500.
Contact Cochran, Kroll & Associates, P.C. for legal assistance
Injuries or wrongful death resulting from negligent actions of a healthcare professional or medical facility in Michigan can have a devastating, long-lasting, and life-changing impact on a patient and their families.
It’s important to put your energy where you most need it—toward your health and recovery. People who have been injured due to a healthcare provider’s carelessness may find it helpful to discuss their options with a member of our legal team.
Call Cochran, Kroll & Associates, P.C. at (866) 868-3779 to receive a free case evaluation. Our law firm operates on a contingency fee basis so we never charge a legal fee unless we win your case.