The Rights of Medical Malpractice Victims
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Sadly, more Americans die each year from medical mistakes than from motor vehicle accidents or breast cancer. An Institute of Medicine study estimated that medical errors accounted for as many as 98,000 deaths each year. One of the best ways to help correct this crisis in medicine is to hold the negligent hospitals and physicians accountable for their mistakes. In Michigan, a patient has the right to file a lawsuit against any physician or hospital, which may have committed malpractice. However, the filing requirements for a malpractice lawsuit are lengthy and complicated. These include an "affidavit of merit," in which a medical expert certifies that there is evidence that you were the victim of malpractice. A Michigan medical malpractice claim usually must be filed within 2 years of the date of the malpractice or 6 months from the date of discovery that malpractice occurred. Although the law provides additional time for certain protected groups, it is limited. For example, a child injured as a result of medical malpractice no longer has an automatic right to wait until he or she reaches the age of 18 to start a lawsuit. The laws governing malpractice suits may be the most complex of all Michigan personal injury laws. Moreover, the Michigan Supreme Court strictly interprets malpractice law, including the sections governing the “affidavit of merit” and the absolute deadline for filing a malpractice claim. Failure to meet these legal requirements means that the victim loses all rights to file a lawsuit against the medical professional or hospital which negligently caused severe injury -- or even death. Protect your rights. If you or a loved one is the victim of medical malpractice, talk with an experienced Michigan medical malpractice lawyer. Please submit a simple, free and confidential legal consultation form now. Get the Bernstein Advantage today. |
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