- June 30, 2025
You are left with physical pain, emotional distress, and a mountain of questions.
How did this happen? What are my rights? The path forward can seem confusing, but you do not have to find the answers alone. A clear map of the process can help you feel more in control.
This guide explains the legal timeline for filing a medical malpractice claim in Michigan so you can know what to expect.
The First Step: Investigating Your Claim
The first and most important step before any legal action can begin is a thorough investigation of what happened. Not every negative medical result is due to malpractice.
A poor outcome can sometimes occur even when the medical team does everything right. A successful medical malpractice claim requires proof that a healthcare provider was negligent, meaning their care fell below the accepted professional standard, and that this negligence directly caused your injury.
This initial phase begins when you first speak with a law firm. You will share your story and provide as much detail as you can remember about your treatment. The legal team will then ask you to sign authorizations that allow them to gather all of your medical records from the doctors and hospitals involved.
These records are the most critical pieces of evidence. Once collected, they are carefully reviewed, often with the help of a qualified medical professional who can identify if and where a mistake was made.
This process takes time and must be done with great care and attention to detail.
Here are the key parts of this initial investigation:
- A free and confidential consultation to discuss the facts of your case.
- Signing forms that permit your legal team to obtain your medical history.
- A comprehensive review of all records by the legal team and a medical professional.
- A determination of whether a breach in the standard of care caused your injury.
Michigan's Statute of Limitations: The Most Important Deadline
Every state has a strict time limit for filing a lawsuit, known as a statute of limitations. If you miss this deadline, you will lose your right to pursue compensation, no matter how strong your case is.
In Michigan, the rules for medical malpractice are very specific and must be followed exactly. Acting quickly is essential to protect your rights. The general rule is that you have two years to file a medical malpractice lawsuit.
This two-year clock typically starts on the date the act of malpractice occurred. However, the law recognizes that a patient might not know about the malpractice immediately.
For example, a surgeon may leave a foreign object inside a patient, but the patient may not feel symptoms or discover the mistake until months later. This is where the "discovery rule" can apply.
The General Two-Year Rule
For most cases, the lawsuit must be filed within two years of the date the medical error happened. This is the primary deadline to keep in mind. If a doctor misdiagnoses your condition on June 1, 2023, you generally have until June 1, 2025, to file your lawsuit.
The Discovery Rule Exception
If you did not know and could not have reasonably discovered that malpractice occurred on the day it happened, Michigan law gives you six months from the date of discovery to file a claim. However, there is also an absolute cutoff. You cannot file a lawsuit more than six years after the date of the malpractice, regardless of when you discovered it. There are very few exceptions to this six-year rule, such as in cases involving fraud or permanent reproductive harm.
Special Deadlines for Minors
The rules are different when the person harmed is a child. For a child injured by medical malpractice, the parents or guardians generally have until the child’s 10th birthday to file a claim.
The time limits can vary for injuries to an older child. These special rules acknowledge that the full extent of a child's injury may not be known for many years.
Notice of Intent to File Suit
In Michigan, you cannot simply go to the courthouse and file a medical malpractice lawsuit. The law requires you to complete a specific step first. You must provide a formal "Notice of Intent to File Suit" (NOI) to all the healthcare providers and facilities you plan to sue.
This detailed legal document officially informs them of your intention to take legal action. The purpose of the NOI is to encourage early communication and potential resolution before a full lawsuit is underway.
It provides the doctors and their insurance companies with the information they need to conduct their own investigation into your claim. Preparing the NOI is a detailed process. It must be factually specific and clearly outline the basis of your claim.
An incomplete or inaccurate NOI can lead to your case being dismissed, so it must be prepared carefully by a legal professional. The Notice of Intent serves several important functions:
- It formally alerts the healthcare providers that you believe they were negligent.
- It describes the medical care you received and how you believe the standard of care was breached.
- It explains the injuries you suffered as a result of the alleged negligence.
- It triggers a mandatory waiting period, giving the other side a chance to review the claim and respond.
The Mandatory 182-Day Waiting Period
A new clock starts ticking once your attorney sends the Notice of Intent. Michigan law imposes a mandatory waiting period of 182 days, about six months. During this time, you are not allowed to file your lawsuit.
This period is designed to give the healthcare providers and their insurance carriers a window of time to investigate your allegations without the immediate pressure of a formal court case.
While you are waiting, the legal process does not stop. Your attorney will continue to build your case, gather additional evidence, and prepare for the next steps. The defendant's insurance company will use this time to review the medical records, consult its medical professionals, and assess its potential liability.
This period can also be an opportunity for early settlement negotiations. If the insurance company sees that your claim is strong, they may offer a settlement to resolve the case before it ever goes to court.
During this waiting period, several things are happening:
- The healthcare provider's insurance company is conducting its own internal investigation.
- Your attorney is continuing to prepare your case for a potential lawsuit.
- Settlement discussions may begin between your lawyer and the insurance company.
- The statute of limitations is paused, or "tolled," during this time, so you do not have to worry about the deadline expiring while you wait.
Filing the Lawsuit and the Affidavit of Merit
If the 182-day waiting period ends and a fair settlement has not been reached, the next step is to file the official lawsuit. This is done by filing a " complaint” document with the appropriate court.
The complaint formally begins the litigation process. It names you as the plaintiff and the healthcare providers as the defendants. It lays out the facts of the case and makes the legal arguments for why the defendants are responsible for your injuries.
Along with the complaint, Michigan law requires you to file another vital document: an "Affidavit of Merit." This is a sworn statement signed by a qualified medical professional. The professional who signs the affidavit must practice in the same or a related medical field as the defendant.
In the affidavit, the signing professional must state that they have reviewed your case and believe there is a reasonable basis to support your medical malpractice claim.
This requirement is a filter to ensure that only meritorious cases proceed in the court system.
The Complaint
This is the official legal document that initiates the lawsuit. It tells the court who you are suing, why you are suing them, and what you are asking for in terms of compensation.
The Affidavit of Merit
This is a sworn statement from a medical professional that validates your claim. It confirms that, in their professional opinion, the defendant breached the standard of care and caused your injury. A lawsuit filed without a proper Affidavit of Merit will be dismissed.
Serving the Lawsuit
After filing the complaint and affidavit with the court, copies must be formally delivered to the defendants. This process is called "service of process." It officially notifies them that they have been sued and gives them a deadline to file a formal response with the court.
The Discovery Phase: Gathering Evidence
Once the lawsuit has been filed and the defendants have responded, the case enters a stage called "discovery." This is the formal, court-supervised process of gathering and exchanging evidence.
The discovery phase is often the longest part of a medical malpractice case, sometimes lasting a year or more. Its purpose is to allow both sides to learn all the facts before trial, preventing any "surprises" in the courtroom.
During discovery, your attorney will use several legal tools to gather information from the defendants. This includes sending written questions, requesting documents like hospital policies or physician notes, and conducting depositions.
A deposition is a formal interview where your attorney questions the defendant, doctors, and nurses under oath in front of a court reporter.
The discovery process typically includes the following activities:
- Interrogatories: These are written questions sent to the opposing party, which they must answer in writing and under oath.
- Requests for Production of Documents: These are formal requests for relevant documents, such as internal reports, staffing records, or correspondence related to your treatment.
- Depositions: These are question-and-answer sessions conducted under oath. Your attorney will depose the defendants, and their attorneys will depose you and other relevant witnesses.
- Case Evaluation: In Michigan, most medical malpractice cases must go through case evaluation. A neutral panel of three attorneys reviews the case and recommends a settlement amount. This recommendation is not binding, but it can help encourage settlement talks.
Resolution: Settlement or Trial
The final stage of the legal timeline is the resolution of your claim. Most medical malpractice cases are resolved through a settlement, not a trial.
A settlement is a voluntary agreement between you and the defendant's insurance company. In a settlement, the insurance company agrees to pay you an agreed-upon sum of money, and in return, you agree to drop the lawsuit.
Settlement negotiations can happen at any point during the process, but they often become more serious after the discovery phase is complete and both sides have a clear picture of the evidence.
A settlement provides certainty and avoids the risks and stress of a trial. If a fair settlement that fully compensates you for your injuries cannot be reached, your case will be scheduled for trial.
At trial, your attorney will present your case to a jury that will listen to all the evidence and deliver a final verdict.
- Settlement: A negotiated resolution that guarantees financial recovery without the risk of losing at trial.
- Trial: A formal court proceeding where a jury decides the outcome. A trial can result in a larger award, but it also carries the risk of receiving nothing.
The legal process for a medical malpractice claim has many steps and strict deadlines. It is a detailed and methodical journey toward holding negligent healthcare providers accountable. While the timeline may seem long, each step is designed to build your case and move you closer to a just resolution.
Secure the Representation You Can Rely On
If you believe you or a loved one was harmed by a medical mistake, it is important to take the first step. Our medical malpractice lawyers at Goodman Acker P.C. treat every client like family, offering compassionate guidance and clear communication.
To discuss your situation in a free, no-obligation consultation, please call (248) 831-1507.