Medical Malpractice Cases in Michigan: Understanding Notice of Intent to File

Filing a successful medical malpractice claim is a complex process that requires the assistance of a seasoned medical malpractice attorney. One specific source of confusion is the need to send any potentially at-fault party a Notice of Intent to File. The Notice of Intent to File serves as a preliminary step before formally filing a medical malpractice lawsuit and contains basic information about the alleged malpractice and the nature of the injuries sustained by the party filing the Notice. 

A skilled attorney can complete this and other necessary paperwork on your behalf, ensuring you adhere to all filing guidelines and meet all deadlines.

What Do You Need to Include in Your Notice of Intent to File?

• Your name and address
• The name and address of the health professional or health facility you potentially intend to sue
• The factual basis for your claim
• The applicable standard of practice or care, the manner in which the health professional or health facility breached it, and the alleged action that should instead have been taken to comply with the standard of practice or care
• The manner in which you were injured as direct and proximate result of this breach of care
• The names of all other health professional or health facility to whom you are also sending a notice of intent in relation to your claim

How Much Notice Should I Give?

Under Michigan law, you are required to send your Notice of Intent to File a Claim at least 182 days before you file your lawsuit. This gives the defendant adequate time to investigate your claim and decide if they want to settle the matter out of court. If you fail to provide proper notice, the court may delay or dismiss your case entirely.

When Is It Too Late to Provide a Notice?

You must act quickly if you suspect you have been the victim of medical malpractice. Under Michigan law, you typically have two years from the date of your injury or six months from the date you discovered your injury (whichever is later) to file your claim. There are some exceptions for cases involving minors, disabled individuals, and fraudulent concealment that may extend these filing deadlines. Failing to file your lawsuit by the appropriate deadline means you will likely lose your right to seek damages.

If you have less than 182 days remaining in the statute of limitations, the statute is “tolled” or paused for the number of days left in your limitations period. So, if you had 60 days left in your two-year limitations period but needed to serve a Notice of Intent, the statute is paused for those remaining 60 days. Once the 182-day notice period expires, you would still have 60 more days to file your lawsuit.

Can the Other Party Opt Out of Responding?

Yes. After receiving your Notice of Intent, the at-fault party has 154 days to respond. The at-fault party could respond immediately or wait the entire 154-day period without responding.

When Can I Take Action?

Once the 182-day window expires, you may take action against the at-fault party. Should the at-fault party respond before or within the 154-day window, you must still wait out the entire 182-day period.

Still Have Questions? Contact Giroux Pappas Trial Attorneys Today

When it comes to understanding Michigan law (and your rights under it), you need an attorney by your side. Working with the right medical malpractice attorney can mean the difference between securing the compensation you deserve and walking away with nothing. Our seasoned legal team at Giroux Pappas Trial Attorneys has been successfully representing injured Michiganders for over 30 years, and we are ready to stand up for your rights.

If you’re considering filing a medical malpractice claim, contact us today to schedule a free consultation.