How Do You Sue for Medical Malpractice in Michigan?
If you wish to file a lawsuit for medical malpractice in Michigan, it's best to contact a law firm or attorney that has experience handling these types of cases and has successfully recovered compensation for previous clients. The Michigan medical malpractice lawyers at Grewal Law PLLC have recovered millions on behalf of clients in a wide range of medical malpractice cases, from misdiagnosis to surgical errors. We are happy to discuss your case for free in a no-obligation consultation.
Regardless of if you are filing a medical malpractice claim with the help of a lawyer or on your own, you must adhere to the following elements:
- Notice of Intent - Every medical malpractice lawsuit in Michigan begins with the filing of a Notice of Intent to File Suit (NOI). The NOI must be submitted in writing and served to all potential defendants at least 182 days before filing the actual lawsuit. When the NOI is filed, it tolls (delays) the statute of limitations by 182 days.
- Affidavit of Merit - Michigan law mandates that any medical malpractice case includes an affidavit of merit by a qualified healthcare professional. This must be someone with the same board certifications and specialization as the defendant, ruling out general practitioners from providing expert testimony in cases involving oncologists or other specialists.
- Filing of Lawsuit & Discovery - After the 182-day NOI period is completed, the medical malpractice lawsuit can be filed, which includes a discovery period. During discovery, both sides will conduct depositions, interviews, and request necessary documents related to the case, such as medical records.
- Negotiation & Settlement - When the period of discovery is over, the option is settling the case outside of court is usually explored. Both parties generally benefit from a settlement, as it avoids costly legal fees and other expenses. Negotiations for a settlement can take a couple of days to several weeks as both parties go back and forth with different offers.
- Trial - If a settlement cannot be reached outside of court, then the case will proceed to trial. This may take 2-3 years depending on the availability of the court in your county of residence. During the trial, both sides will present evidence that supports their claims to a jury that then makes the final verdict and determine how much compensation will be awarded to the plaintiff.