Michigan medical malpractice attorney
 In Michigan, a medical practice action has to be brought within a period of two years after the act has been performed; however, this duration can be extended should the patient be a minor or if effects are only identified at a later date. Written notice must first be given to the defendants at least 182 days before the medical malpractice action is filed. The state recognizes the doctrine of ‘pure comparative fault’, whereby negligence by the claimant does not bar complete recovery but the amount of damages will be reduced comparatively to the claimant’s percentage of fault, unless the claimant’s fault is larger than the collective fault of the other parties.
Another doctrine, one of ‘ostensible agency’ is also recognized by Michigan courts, whereby a hospital may be liable of the malpractice of a physician who is not actually employed, depending on whether the patient was plausibly looked to the hospital for medical treatment or whether the patient took it as merely a site for treatment. The state of Michigan has generally waived sovereign immunity for negligent medical care, except in hospitals owned or operated by the Department of Community Health or the Department of Corrections. All actions brought forward involving medical practice are to be reviewed before a mediation panel which then submits an evaluation to all parties involved within 14 days of the hearing.
The parties then have 28 days to agree or object to the evaluation, after which, they may proceed to trial. A party that objects the evaluation but proceeds to trial must pay the opposing party’s costs, unless the verdict eventually is more
favorable to the rejecting party than the evaluation. However, the parties may agree to combine adjudication if the total damages claimed amount to less than $75,000. Employed attorneys take these cases on a contingency basis and are paid a percentage of the claims, usually a third of the recovered amount.
Medical Malpractice Lawyers ~ Attorneys
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