What Is Notice of Intent to Sue for Medical Malpractice in Michigan?

Patients have a right to expect a reasonable level of competence from their medical professionals. When a doctor, hospital, or other health professional or health facility falls below these professional standards, the patient can suffer severe harm. If you have sustained injuries due to a health professional or health facility’s negligence, you have the right to file a medical malpractice lawsuit against them to recover compensation for your losses.

Filing a successful medical malpractice claim is a complex process that requires the assistance of a seasoned legal professional. One specific source of confusion is the need to send any potentially at-fault party a Notice of Intent to File a Claim. A skilled Michigan medical malpractice 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 a Claim?

Michigan law requires that your Notice of Intent to File a Claim include specific information about your case. You must mail this written notice to the last known business address of any health professional or health facility you potentially intend to sue. Your notice should include:

• 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 Must I Give?

You must 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.

What Is the Statute of Limitations for Michigan Medical Malpractice Lawsuits?

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. If you fail to file your lawsuit by the appropriate deadline, you will likely lose your right to seek damages.

Contact Giroux Pappas Trial Attorneys Today

Working with the right Michigan medical malpractice attorney can mean the difference between securing the compensation you deserve and walking away with nothing. The 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 today. Call or contact us online for a free consultation to learn more about how we can fight for you.