Medical malpractice occurs when a healthcare professional or institution fails to provide an acceptable standard of care, leading to harm or injury to a patient. In Michigan, specific laws govern medical malpractice cases, including statutes of limitations and requirements for filing a lawsuit. Here is a list of rules about medical malpractice in Michigan that every patient should know.
Statute of Limitations
Michigan law sets a strict time limit for filing a medical malpractice lawsuit. Patients have two years from the date of the injury to file a claim. If the patient discovers the damage after two years, the statute of limitations extends to six months from the date of discovery but no more than six years after the incident occurred. Minors under 18 have until their 19th birthday to file a lawsuit.
Expert Witness Requirement
Michigan law requires patients to provide a written affidavit from a qualified medical expert before filing a malpractice lawsuit. The affidavit must state that the expert has reviewed the case and believes that the healthcare professional or institution was negligent in their care. The expert witness must be licensed in the same field as the defendant and have experience in the same or similar medical procedures.
Damage Caps
Michigan law limits the amount of damages a patient can recover in a medical malpractice lawsuit. The limit is $445,500 for cases that occurred on or after January 1, 2022. The cap increases each year to adjust for inflation. There is no limit on economic damages, such as medical bills and lost wages, but non-economic damages, such as pain and suffering, are subject to the cap.
Joint and Several Liability
Michigan law follows the doctrine of joint and several liability in medical malpractice cases. If multiple healthcare professionals or institutions are responsible for a patient’s injury, they are all jointly and severally liable for the damages. This means that each defendant can be held accountable for the damages, even if their share of the fault is small.
Comparative Negligence
Michigan follows a modified comparative negligence standard in medical malpractice cases. If the patient is found to be partially responsible for their injury, their damages will be reduced by the percentage of fault assigned to them. However, if the patient’s responsibility is greater than 50%, they cannot recover any damages.
Informed Consent
Michigan law requires healthcare professionals to obtain informed consent from patients before performing any medical procedure. Informed consent means that the patient has been informed of the risks and benefits of the process, as well as any alternatives, and has given their voluntary and informed consent to undergo the procedure. Failure to obtain informed consent can be considered medical malpractice.
Apology Law
Michigan has an apology law that allows healthcare professionals to apologize for a medical error without the apology being used against them in a medical malpractice lawsuit. The apology must be made within 91 days of the error and must not include an admission of fault. The law encourages healthcare professionals to communicate openly with patients and their families without fear of legal repercussions.
Mandatory Mediation
Michigan law requires that medical malpractice cases go through mediation before trial. Mediation is when a neutral third party helps the parties involved settle the matter. The patient can proceed to trial if the parties cannot resolve the case through mediation.
Michigan has specific laws that govern medical malpractice cases, including statutes of limitations, expert witness requirements, damage caps, joint and several liability, comparative negligence, informed consent, apology laws, and mandatory mediation. Patients who believe they have been the medical malpractice victim should consult an experienced attorney who can help them navigate these complex laws and seek the compensation they deserve.
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