When filling a medical malpractice lawsuit, how long is too late to file?

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When filling a medical malpractice lawsuit, how long is too late to file?

Asked on May 3, 2012 under Malpractice Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In Michigan, a medical malpractice lawsuit must be filed within two years after the act or omission on which the claim is based or brought within six months after claimant discovered or should have discovered the existence of the claim so long as it is brought within six years after the act or omission.  The above does not apply if the health care provider's fraud prevents discovery or  the injury involves the reproductive system.

These rules apply to minors, but a minor's action may be brought any time before the minor's tenth birthday or fifteenth birthday for injury to the reproductive system.

A complaint (lawsuit) alleging medical malpractice must be accompanied by an affidavit of merit signed by a qualified health care professional.

Before filing a medical malpractice claim, the plaintiff must give written notice to the defendants at least 182 days before the action is commenced.


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