Now that you have already read about the periods required for a medical malpractice case as well as the known exceptions that are exercised and followed by legal professionals. You may be ready to head-start your medical malpractice case in the state of Michigan.
A medical malpractice case is not like any other claim where you would automatically file a claim in court and initiate the proceedings in court in front of the judge or jury. As much as possible the medical community is still protected from the mistakes that they commit because they are given a chance to settle and to discuss the situation with the client before it reaches the key to the court.
Let us begin.
Notice of Intent
One of the most unique aspects of a medical malpractice case in the state of Michigan is the fact that it is initiated by the filing of a specific pleading – the Notice of Intent to File Suit (NOI). The Notice of Intent to File Suit (NOI) is the unique aspect of a medical case. It is a piece of information that lets the healthcare provider know that they will be sued in court and they have 182 days before the actual lawsuit is filed to settle and discuss the situation with the patient.
The notice of intent is a notice of intent to file a case against the medical practitioner. It is a pleading in writing that must be served to the healthcare provider.
What is the purpose of a Notice of Intent?
The notice of intent is meant for the medical professional to be properly informed and apprised of the situation that the patient that he or she previously had is filing a case of medical malpractice against him. Ultimately what the notice of intent does is to give two parties a chance to sit down and discuss the compensation as well as the situation and the harm caused to the patient.
Once the notice of intent is served the statute of limitations is paused for 182 days and it must comply with all of the statutory requirements as well as the periods that have been prescribed by law.
Is there an exception to the 182 days?
There is an exception to the 182 days before the actual lawsuit is filed and it is 91 days depending on the requirements and the compliance of the patient.
What should be in the Notice of Intent?
Generally, the Notice of Intent to file suit against the medical practitioner must include the following:
A factual basis for the plaintiff’s claim of medical malpractice
There must always be a factual basis for the claim of the plaintiff for medical malpractice. It should be included in the notice of intent to file a claim to properly appraise the medical practitioner of what happened and why the patient thinks that there is a case for medical malpractice that the medical practitioner should go to jail for or should pay damages for.
This is a very specific part of the Notice of Intent. If you want to do this right, you need a lawyer by your side to make sure that your case is being handled properly and in the right way.
Here at Haque Legal, our Southfield medical malpractice attorneys are all about the factual basis. We can help you with this specific part of your claim.
The standard of care the plaintiff should have received
The standard of care is a specific set of standards that medical practitioners must comply with within taking care of a patient with a specific case. Medical practitioners who have been around having a specific standard of care that they follow. In your Notice of Intent, the specific standard of care is the expert opinion coming from someone who knows what the need is about.
While every patient is unique, the standard of care that each patient should receive is not unique and must be given based on the specific set of protocols according to the medical community’s standards.
How the medical practice or professional’s treatment and care failed to measure up to the standards of care
How the medical professional failed to provide you with the proper treatment based on the standards of care set should also be specifically mentioned in the Notice of Intent. What are the failures? Why did the medical professional fail to do what is expected of him? There is a lot to learn about this part and in the Notice of Intent, it must be specifically mentioned.
There are three other things that your Notice of Intent must include and we will discuss them in the next part of this article series.
Let Haque Legal Help You With Medical Malpractice Claims
Now that you know some facts about dealing with medical malpractice, it is time to get down to it. If you require a personal injury lawyer in Southfield who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a lawyer to help you during your medical malpractice proceedings, call us immediately. Let us help you set things right.