When to file a medical malpractice lawsuit in Michigan?

Under Michigan Compiled Laws section 600.2912b, if you think you have a medical malpractice case and you intend to file a medical malpractice lawsuit, at least 182 days before actually filing the lawsuit in court you must give written notice to every potential defendant (meaning the health care professional or health care facility you plan to sue).

Are there limits on pain and suffering in malpractice cases?

The states with one asterisk have caps both on pain and suffering and an absolute cap on malpractice awards and states with two asterisks have just a hard cap, although the cap for future medical care does not apply in some of these states. Here are the malpractice caps on damages in all 50 states and the District of Columbia:

Is there a cap on malpractice damage awards?

By applying a cap on malpractice awards, the jury’s role to determine damages is violated. Some states also have caps on punitive damages. Our malpractice lawyers rarely have a case where punitive damages would apply (although we do currently have a sexual assault claims against a medical doctor and other healthcare providers).

What was the first case to overturn a malpractice damage cap?

Washington: Sophie v. Fibreboard was the first case in which a court overruled a malpractice damages cap on constitutionality. The Washington Supreme Court found that the state damage cap violates the right to a trial by jury. By applying a cap on malpractice awards, the jury’s role to determine damages is violated.

Initially, a plaintiff who desires to file a medical malpractice lawsuit must inform the defendant in writing of his or her intentions to do so at least 182 days before the suit is filed . This notice is intended to bring the parties together for settlement discussions before the time and expense of a lawsuit are involved.

How is expert testimony used in medical malpractice cases?

A plaintiff’s medical malpractice attorney will almost always rely upon expert testimony to prove that a healthcare provider did not meet that appropriate standard of care and that their behavior led to the injury or loss.

What are the different types of medical malpractice laws?

Malpractice laws in all states emphasize the same questions: did the physician or medical professional follow the appropriate standard of care, and the second question ask whether the patient was injured or did he or she suffer a premature death because of professional negligence?

When to bring a medical malpractice case in Michigan?

A medical malpractice case in Michigan must be brought within two years of the incident or within six months of the time that the claimant discovers the injury that was caused by professional medical negligence.