Michigan state law aims to protect people against major medical mistakes. There are many statutes that govern medical professionals and the facilities that employ them. Healthcare professionals are subject to strict licensing and educational requirements. They have to carry malpractice insurance in most cases.
The law also provides patients with options for recourse. Should medical professionals make egregious errors while caring for their patients, they may be liable for the harm they cause. Medical malpractice lawsuits can help people recover lost wages and care costs.
Those affected by medical malpractice must act quickly or risk losing their right to demand justice. Michigan enforces a statute of limitations regarding how long plaintiffs have to initiate a medical malpractice lawsuit. How long is the statute of limitations for medical malpractice claims?
Patients need to act quickly
The law imposes two basic limitations on medical malpractice lawsuits. Patients typically have to initiate their claims within two years of the date of the incident or six months of discovering the issue, whichever is later. This limitation forces people to move quickly in response to major medical errors.
The law does extend a few exceptions to the strict statute of limitations. In some cases, patients may only discover the malpractice much later because of other medical issues that arise. In such scenarios, the rule of discovery may allow patients to pursue medical malpractice lawsuits. Essentially, if patients uncover new evidence after the statute of limitations has theoretically expired, their discovery of new evidence can provide an opportunity to take legal action.
A similar rule applies in scenarios where malpractice long ago eventually becomes the underlying reason for an individual’s death. The premature mortality of the patient who experienced malpractice can trigger discovery rules and provide an opportunity to take legal action.
In scenarios where the party affected by medical malpractice is a young child, the statute of limitations may be somewhat more forgiving. Typically, cases involving children injured before they turn eight years old allow for litigation anytime until the child’s tenth birthday.
Reviewing the details of their medical malpractice case can help people better ensure they comply with the applicable statute of limitations. Patients harmed by medical malpractice often need help demanding accountability from their physicians.