Legal Question in Medical Malpractice in Michigan

What is the time limit to file a malpractice law suit in michigan


Asked on 8/25/09, 3:19 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

You have 2 years from the date of the negligence/malpractice or 6 months from the date the malpractice was discovered, but not beyond 6 years. There are some exceptions if the victim if a minor at the time of the negligence, or if the person died as a result of the malpractice, and then a personal representative was appointed over the estate. It is complicated. It is best to identify the facts of your case to get a specific answer, such as: I had leg surgery 3 years ago, but discovered one month ago that the bones were not fused properly, during a visit with my regular physician. Am I still within the statute of limitations?" Then answer the answer would likely be yes because you just discovered it 1 month ago (unless there was a reason you should have discovered it earlier).

There are other requirements that can "toll" or stop the statute of limitations from running, such as serving a notice of intent. You should immediately consult with a medical malpractice lawyer if you think you may have a valid cause of action.

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Answered on 9/02/09, 4:25 am


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