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

Most people believe they are being well taken care of when they go to a hospital, emergency room, or doctor’s office. While it’s true that healthcare providers go above and beyond when treating patients, no one is immune from errors. The law recognizes that medical providers can make errors, which is why it allows harmed patients and their families to file medical malpractice claims to receive compensation for the losses they suffer due to substandard medical care.

The fact that you have a right to file a medical malpractice claim is great news, but what many people don’t realize is that they have a limited amount of time to pursue legal action. At Ratton Law Group PC, victims of medical malpractice often call our office months or even years after the act of malpractice occurred. This is due to the fact that most people are not aware of the statute of limitations and other Michigan state laws that might affect their ability to receive compensation.

If you’re reading this and wondering how much time you have to file a claim for compensation in your case, consider speaking with our medical malpractice attorneys in Detroit, Michigan. Our family-run, family-owned law firm is committed to providing compassionate support to those who suffered at the hands of negligent healthcare providers.

The Statute of Limitations for Medical Malpractice Cases in Michigan

The statute of limitations sets a deadline for filing a medical malpractice lawsuit. In Michigan, this period is generally two years from the date of the alleged malpractice. This means you have a two-year window to take legal action against the healthcare provider responsible for your injuries or the death of your loved one. You need to act within this timeframe or you risk losing your right to sue.

• Example. The negligent act occurred on January 1, 2023, you would have until January 1, 2025, to file your lawsuit. Failing to do so may result in losing your right to seek compensation.

However, understanding the exact start date can be complicated. Sometimes, the clock starts ticking from the date you discovered or should have discovered the malpractice. This is where you might need to rely on guidance from a medical malpractice attorney.

The Statute of Repose

In addition to the statute of limitations, Michigan also has a statute of repose. This law sets an absolute deadline for pursuing medical malpractice claims, regardless of when the malpractice was discovered. Michigan’s statute of repose is six years from the date of the alleged malpractice.

• Example. If the malpractice occurred on January 1, 2023, you must file your claim by January 1, 2029, at the latest. This rule aims to provide finality and protect healthcare providers from lawsuits in perpetuity.

You need to understand both the statute of limitations and the statute of repose. Even if you discover the malpractice years later, you might still be barred from filing a claim if the repose period has lapsed.

Exceptions to the Statute of Limitations

The law recognizes several exceptions to the statute of limitations. Those exceptions are specific circumstances in which the deadline for filing a medical malpractice claim can be extended. These exceptions include:

• Fraudulent concealment of the error. If a healthcare provider fraudulently hides their negligence, the statute of limitations may be tolled, or paused, until the malpractice is discovered.

• Permanent damage to or loss of a reproductive organ that results in the inability to procreate. These exceptions are designed to provide justice in situations where discovering the malpractice is delayed or intentionally hidden.

If you think your case qualifies for an exception, you might want to speak with an attorney. At Ratton Law Group PC, we can help assess your situation and provide the guidance you need to understand how much time you have to file a medical malpractice claim or, if you missed the deadline, if any of the exceptions apply to your case.

What Happens if You Miss the Statute of Limitations?

If you fail to file your claim within the specified period, you are likely to lose your right to seek compensation altogether. Courts are generally strict about adhering to these deadlines, and exceptions are rare.

For victims of medical malpractice, this means missing out on the opportunity to hold negligent healthcare providers accountable and forfeiting potential compensation for medical bills, lost wages, and other losses.

Why It’s Better to File a Medical Malpractice Claim Sooner Rather Than Later

Filing a medical malpractice claim as soon as possible has several advantages. First, it ensures you meet the statute of limitations. Second, early action allows for a more thorough investigation while evidence is still fresh. Witnesses’ memories are more reliable shortly after the incident, and medical records are easier to obtain if the incident occurred not long ago. Delaying your claim can lead to lost evidence and weakened testimony, making it harder to prove your case in the courtroom.

Furthermore, early filing can expedite the legal process, potentially leading to a quicker resolution. At Ratton Law Group PC, we start working on the cases of our clients immediately and are prepared to leverage our years of experience and resources to maximize their chances of a successful outcome. We will educate you on the do’s and don’ts of pursuing a medical malpractice claim and help you take the steps toward achieving justice.

How Long Does It Take to Settle a Medical Malpractice Claim?

The duration of a medical malpractice case can vary widely from one case to another. Some cases settle within months, while others may take years to resolve. Factors influencing the timeline include the complexity of the case, the number of defendants (medical professionals, hospital, etc.), the willingness of parties to negotiate, and court schedules, to name a few.

While every case is unique, having an experienced attorney on your side can help streamline the process. At Ratton Law Group PC, we work diligently to resolve cases efficiently while ensuring our clients receive the compensation they deserve.

Not Sure How Much Time You Have to File Your Claim? Consult With an Attorney

At Ratton Law Group PC, we understand that if you have been harmed by a negligent doctor, it’s probably your first time dealing with something like this. You are likely to have many questions regarding pursuing a medical malpractice claim, including but not limited to how much time you have to file your claim. That’s why we provide free consultations to give people like you an opportunity to ask questions about your rights and the legal process.

We are committed to providing clients with compassionate support and aggressive representation when dealing with medical malpractice. Reach out to our office to schedule your free consultation.