We have to admit that medical malpractice is probably one of the most lucrative professional liability cases that are handled by lawyers. Of course, we do not pray for things to happen for failures in the medical community to happen because we are all professionals who only want what is best for the patients and clients.
Unfortunately, there are some instances where we need to play the bad guy just to make sure that our clients get compensated properly. Your lawyer will probably try to do what he can to get you the best kind of settlement or the best kind of payment that is offered in law and for compensation.
There are many important periods in medical malpractice that you should always remember. As much as possible the remedial part of your cases should be handled properly by your lawyer. If you are still looking around and you are unsure of whether or not you can afford the services offered by a lawyer, we, at Haque Legal, offer a free consultation to help ease your mind about how much it would be for you to file a case of medical malpractice.
If you want to start the process on your own and feel that you do not need a lawyer you would probably need to know about the statute of limitations and the important periods that are related to your case.
Let us discuss them to help you out.
Filing Your Lawsuit
Any lawsuit comes with a specific deadline. The statute of limitations is a law not set a time limit on the right to bring a specific lawsuit to court. This is very important especially in medical malpractice cases because symptoms and injuries must be reported and documented properly as part of documentary evidence relating to medical malpractice.
Let us provide you with an example
In one situation a doctor cut the leg of an individual who happens to be a professional basketball player. It was a necessary procedure at that time because gangrene was already eating up the whole of the leg and it could affect other parts of the body and organs if the doctor did not remove the infected bone.
Unfortunately, even with the removal of the bone, the infection has already reached the other limbs of the patient and the doctor had no other choice but to cut them off. Hence from being an athlete, the patient became a person with a disability. Of course, his family and his fans were mad.
More so, when they found out that the infection would not have happened in the first place if the doctor had done his job properly. What would be the right thing to do in this situation?
The right thing to do would be to file a medical malpractice lawsuit against the doctor, right? But, how do you begin?
When Should You File?
Generally, all of the medical malpractice claims in the State of Michigan must be brought within six years of the act or omission that has given rise to the claim, regardless of the discovery date.
The only known exception here is in the following cases:
- where the health care provider fraudulently concealed the malpractice;
- if the injury involves permanent damage to the claimant’s reproductive system; or
- In cases of minors who were legally incompetent at the time of the medical error.
According to the statute of limitations, medical malpractice lawsuits are to be filed
within two years from the act or the omission of the health care provider that gave rise to the claim. This is according to Michigan Compiled Statutes section 600.5805(8).
On the other hand, the Michigan Compiled Statutes section 600.5838a(2) says that in case of medical malpractice claims must be filed within six months of when the patient’s harm was discovered, or reasonably should have been discovered in more than two years have passed.
Let us study these provisions one step at a time.
So, generally, you have a period of six years from the act or omission to file the claim against the medical practitioner. This is considered an extended period of filing.
However, if the injury or harm caused to you is obvious, you have up to two years from the act or omission to file the claim. The known extension here is six months from the time of discovery of the harm if it is already beyond the period of two years.
What does this mean?
This means that generally, you have two years from the act or omission to file the claim. If you fail to file the same during two years because the harm was not yet discovered then you have a period of six months from the time of discovery of the harm to file the claim. But Michigan law compels you to file a medical malpractice claim within six years in total including all of the extensions.
How does this happen?
The periods can be quite confusing which is why we always tell our clients to get the best possible kind of assistance coming from lawyers. Let us discuss the periods through an example in the next part of this 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 lawyer 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.