Is there any way to bypass the medical malpractice statute of limitations in Michigan?

by **muireach** » Fri Nov 18, 2011 5:42 am

When I was two days away from being 18 (I'm 21 now), I had surgery to remove 2 bolts that had been in my ankle for about a 2 years after a break. While removing them the surgeon accidently broke one of the bolts, and left the broken peice inside of my ankle. It now causes me great pain, and slows me down at my job. I am passed the 2 year window to sew for medical malpractice.

by **gustav** » Fri Nov 18, 2011 5:47 am

Unless you filed suit prior to the statue running or the surgeon did something to toll the statute...nothing you can do about it.

by **emilek17** » Fri Nov 18, 2011 5:54 am

You have to speak to a med/mal lawyer in your state. Statutes of Limitations are different in every state, and in many states the statute does not begin until the day you realize you have an injury; i.e. if you realized your surgery was three years ago, but you realized you had an injury one and a half years ago, you may still be able to file a claim. Also, statutes run differently for different kinds of injuries. Say you have an accident. That statute might be one year. If you have a child who was injured during the birthing process, your statute can be as long as 18 years because often these injuries take time to manifest.

Call a lawyer. Not a personal injury attorney who also does med/mal, but a guy who does nothing but med/mal. And don't call a guy in K-zoo or Holland or Grand Rapids, but call a guy in Detroit or some other big city.

Good luck.

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