A duty of care, a breach of that duty, proximate cause, or that the breach caused the harm done, and damages must all be present to have a valid medical malpractice case. These must be verified by an independent source during the early stages of a case in order to prove a claim.

In most cases in Michigan, medical malpractice claims carry a two-year deadline from the date of the negligence. This deadline can be extended when the affected person could not have known they were harmed by malpractice. This is called the discovery rule and it creates a six-month window from the time the person discovered the claim. In cases involving death, the two year statute does not start to run until an estate is first opened, not to exceed five years. Additionally, if the harm was caused to a person eight years or younger, they have until they turn ten to file a claim.

Medical malpractice is all about the medicine, records and facts from the patient, and if your attorney can prove that the standard of care was breached, you will have a viable claim. This is most often done through a thorough review of medical records and discussions with the patient or the family. Having access to all medical records will greatly strengthen a case.

Medical malpractice is a nuanced area of the law that requires a competent medical malpractice attorney. We don’t recommend filing without first consulting one. Discussing your case beforehand will help you to avoid common mistakes and will help us build your case before filing a Notice of Intent. This is especially important if you are coming up on the deadline for the statute of limitations; filing a notice of intent will stop the clock on the statute and will afford you an extra one hundred and eighty-two days in the state of Michigan.