Medical Issues

How Long Do I Have to File a Medical Malpractice Claim?

How Long Do I Have to File a Medical Malpractice Claim?

All potential civil cases in Michigan are subject to a limitations period within which a lawsuit must be filed or it is barred.  These periods of limitations are called “statutes of limitations”.  In medical malpractice cases not resulting in death, generally, the statute of limitations is two (2) years from the date of the act or omission that is the basis for the claim, meaning the date the heath care provider did something deemed to be negligence. See MCL 600.5838a.  

Sometimes, however, a person doesn’t know that malpractice has been committed. In certain cases, an action involving a claim based on medical malpractice may be commenced within six (6) months after the injured party discovers or should have discovered the existence of the claim, whichever is later. 

In claims involving medical malpractice claims to a person under the age of eight years, the person has until his or her tenth birthday to bring the claim. MCL 600.5851(7).

In Michigan, statute of limitations analysis regarding medical malpractice claims can be very complicated. To ensure the statute of limitations does not expire on your potential medical malpractice claim contact Giroux Pappas Trial Attorneys and speak with one of our experienced medical malpractice attorneys. 

No sum can make up for what you’ve lost, but it can help make the healing process easier. Let us fight for you–get in touch today for your free consultation. 248-531-8665

Share this Article
Bob Giroux

Bob Giroux's Bio

Bob has been a litigation attorney for over 24 years. He is a Super Lawyer and has received, from Martindale, Hubbell, an AV Preeminent rating, the highest rating obtainable in both proficiency and ethics. Bob Giroux is a true litigator and trial attorney that has worked both sides of the courtroom and has personally been involved in over 100 trials.