What type of medical malpractice claims are time-barred or have a statute of limitations?
In Michigan, medical malpractice claims are time-barred or have a statute of limitations. This means that a patient has a certain amount of time to file a malpractice claim after the injury or death of the patient occurred. The statute of limitations is two years from the date when the injury occurred or the date of death. Certain types of medical malpractice claims have different statutes of limitations. For instance, a claim that alleges a misdiagnosis or failure to diagnose a medical condition has a three year statute of limitations. A claim that alleges a doctor’s negligence or a defective medical device has a six year statute of limitations. A claim that alleges a breach of a written contract involving a healthcare provider has a six year statute of limitations. On the other hand, there are some medical malpractice claims that are not subject to any statute of limitations. These include wrongful death claims and medical malpractice claims based on fraud or intentional misconduct. These types of medical malpractice claims are not time-barred and can be brought at any time after the patient has suffered injury or death. Overall, it is important to know the statute of limitations that applies to each type of medical malpractice claim in Michigan. This will help ensure that a patient’s rights are protected and that any medical malpractice claim is made within the time limit set by the state.
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