Instructions: To complete the assessment, please answer the following questions. A representative will contact you within 24 hours to discuss your case. 1. Were you or a loved one injured in the past two years? * If yes, then go to next question. If not, then the claim is likely not allowed. It could be argued that there is some reason that it was tolled. Tolled means that there may have been a reason for the statute to be extended or cancelled. Reasons may be the injured person was a minor; mentally incompetence or the injured person may have died. Note: In Michigan, the statute of limitations (SOL) for medical malpractice claims begins at the time of the negligent act or omission. The time of the SOL can begin to run even before a person knows the full extent of the injury. Therefore, it is important to act quickly. A careful understanding of the facts of a case and/or a review of the entire medical record is necessary to ascertain the appropriate accrual date. 2. Did the negligence occur less than six years ago? * If yes, then go to next question. If not, then the claim is likely not allowed. Note: Michigan has a six-year statute of repose in medical cases. Unlike the statute of limitations, the repose period begins from the date of negligence. In situations where the patient has had an extensive history with the potential physician defendant, particularly for a related condition or injury, this can be problematic. It is important to carefully review the entire medical record to determine if the statute of repose is an issue. 3. Did the patient suffer a significant injury or death as a result of the act or omission which is believed to be the medical negligence? * If yes, then go to the next question. If the patient suffered minimal injury has since recovered from the injury, it is unlikely a malpractice action would be warranted. Note: Malpractice actions are extremely costly and difficult. Even a simple case could require an investment of $30,000 t$60.000 to get to trial. Therefore, in order to justify a law firm investing that much money to pursue a case, the damages recoverable must be worth significantly more. 4. Did the medical provider's care fall below the standard of care meaning was there a significant error or lack of care? * If yes, then go to the next question. If not, an important portion of the claim is missing. Note: Determining the answer to this question is what separates medical malpractice actions from other cases. Establishing whether the standard of care was breached requires a careful review of all the records by counsel and then consultation with competent medical expert(s). Unlike other claims, Michigan law requires that any suit for medical negligence must be supported by an expert affidavit. Where the case is filed. 5. Was the injury in question caused by the alleged medical negligence? * If yes, then go to the next question. If not, an important portion of the claim is missing. Note: Causation is difficult to prove in malpractice actions. Medical malpractice cases usually occur in a setting in which someone is already hurt or suffering from an adverse medical condition. The medical person, therefore, is only responsible for any injury or additional harm suffered as a result of his or her medical negligence, not surprising, the medical providers always blame the original injury or illness as opposed to anything the medical provider did or didn't do. 6. If the case involves a death, was an autopsy performed? * If yes, then go the next question. If not, this does not mean that the case is not viable, but proving causation will be very difficult. 7. Have you found the right attorney, with the right experience and resources to try your case? * If yes, then get started. If no, then contact Giroux Trial Attorneys. Do so without delay! Contact Information First Name * Last Name * Email Address *
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