Medical attention is sought under the impression of receiving the best care and focus from medical providers. Unfortunately, more times than we would like to admit, patients suffer from complications, injuries, and worsened conditions due to the negligence of the same people we trusted with our lives. This is not a specific case in Michigan, but throughout the United States. A study was done by safety experts found that medical error mounted to more than 250,000 every year. This disastrous situation can become too serious, too fast, and without understanding your rights and the statute of limitations, protecting your interests is an unapproachable dream that one cannot dare to think of. Every state has its own set of laws and statute of limitations in place to protect the rights of those who were treated with negligence.
If you are in Michigan, here are some of the most important steps that you need to understand the weight of in order to file a claim and get what you deserve for the appalling treatment you have received.
Move Faster Before the Deadline
The statute of limitations differs from one state to another; however, the general idea is a law that puts a specific period for the right to take your case to court. If this deadline is passed, filing for medical malpractice, and bringing the civil lawsuit to court is not a possibility anymore. In Michigan, the statute of limitations under Section 600.5805 (8) states that there is a two-year cap to reporting and filing a medical malpractice lawsuit from the time of the health care provider’s act or failure to act. A deadline of 6 months is placed under section 600.5805 (6) from the harm was discovered or should have been discovered. Alternatively, the statute of limitations under Michigan Compiled Statutes states that all medical negligence cases must be filed within 6 years of the action, or failure to act. There are two exceptions to this rule. The first exception is granted if any foul play was done from the provider’s part to cover the malpractice. The second is when the claimant’s injury involves the reproductive system.
Notice of Intent to Sue
Negligence laws in Michigan are tailored to meet the requirements of every case due to the number of variables that go into the equation. To fully understand the situation, you can read more here, especially if your case doesn’t check all the qualification element’s boxes. For example, sometimes, patients are not allowed to seek non-economic compensation when they are more than 50% responsible for the negligence that went down.
The first step to proceeding any medical negligence case in Michigan is having a Notice of Intent to Sue (often referred to as the Notice of Intent, or NOI). The NOI must be delivered to the prospective accused of the act of negligence; this needs to be done with at least 182 prior to filing the actual lawsuit. This is why it’s vital to start the issuing process for a Notice of Intent as soon as possible in order to move forward with the actual suit.
The majority of medical negligence and malpractice cases usually never make it to court. Seeking a settlement in these cases is extremely common, especially when the defense understands how well-put-together or valid your case is. Other times, settlements are done in the fear the judgment will be in your favor. Settlements are considered a win-win situation by all parties involved; defendants prefer settling as a damage control method to limit the risk on their side. On the other hand, the plaintiff can ensure a set payout for them as compensation for what went down. This is when it’s highly recommended to have a lawyer who specializes in medical negligence and malpractice cases by your side to negotiate the best possible outcome for you.
Collecting Evidence and Going to Court
If both parties fail to meet at a middle ground and come up with a reasonable amount that satisfies both of them, the case then proceeds to head to court. In this stage, pieces of evidence must be sought after to support your claims and ensure the judgment will be in your favor. In these situations, your lawyer would probably start collecting all medical records and interviewing witnesses in addition to other steps in order to put a bullet-proof case together.
The cost of medical treatment is extremely expensive. Other than how backbreaking the expenses are, having a case of medical malpractice on your hand whether it involves you or a loved one is nerve-wracking on so many levels. Familiarizing yourself with your rights and hiring a seasoned lawyer who understands all the ins and outs that go into your case is extremely vital to receive the compensation you deserve; not only for the money you wasted but for the mental and physical suffering you have gone through.