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Each year thousands of people are injured by a mistake made during surgery or suffer long-term because of misdiagnosis. In some case, medical negligence can lead to a patient’s death. In the wake of a medical tragedy, victims may be confused about their rights and not sure if they are eligible for compensation. If medical negligence injures you, you can recover compensation, but it can be a complicated process.
There is always a risk to any necessary or elective surgery, which is why Michigan requires victims of medical malpractice to prove their claim has merit. That means before can start the claims process you have a couple of obligations to meet.
The first step to a medical negligence is to file a Notice of Intent (NOI). The NOI informs the negligent party that you plan on pursuing a claim and must be filed 182 days before you initiate your lawsuit. Your NOI must meet certain criteria, outlined by the state, or your claim can be dismissed.
You should note that the statute of limitations for medical malpractice claims in Michigan is two years from the date the injury occurred.
In addition to the NOI, you also have to submit an Affidavit of Merit signed by a medical expert who has the same board certifications as the defendant. The Affidavit of Merit must demonstrate the following:
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