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.
Related FAQs
What type of expert witness testimony is necessary in a medical malpractice case?How long does a medical malpractice lawsuit take?
What is the importance of having an experienced medical malpractice attorney?
What kind of medical malpractice claims are typically brought against medical professionals?
What type of medical malpractice claims are time-barred or have a statute of limitations?
What is the importance of having an experienced medical malpractice lawyer?
What is the difference between a medical malpractice claim and a personal injury claim?
What type of evidence do I need to prove a medical malpractice claim?
What is vicarious liability and how can it apply to a medical malpractice case?
What do I need to know about the discovery process in a medical malpractice case?
Related Blog Posts
An Overview of Medical Malpractice Law - July 31, 2023Requirements for a Medical Malpractice Case - August 7, 2023
Statute of Limitations for Medical Malpractice Lawsuits - August 14, 2023
Understanding Affidavits of Merit in Medical Malpractice Law - August 21, 2023
Preparing for a Medical Malpractice Jury Trial - August 28, 2023