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Statute of Limitations in Child Malpractice Cases

Our Michigan medical malpractice lawyers handle cases on behalf of children, infants and babies.  These cases require that an attorney have specialized knowledge and expertise on both the medical and legal issues involved the case.  One such issue is the statute of limitations, which is different for children than adults in medical malpractice cases

A statute of limitations is a legal time deadline for filing certain types of cases.  In Michigan, the statute of limitations for medical malpractice cases is generally two years from the date of the negligent treatement.  This means that a victim of medical malpractice in Michigan must file his or her lawsuit within that time from or the claim will be barred forever.

For cases involving children, the general rule in birth injury cases is that an injured baby or infant patient must sue within 2 years from the date of the medical mistake or before the person's 10th birthday - whichever date is later. This short time period may be extended briefly in limited circumstances such as where the injury is not discovered until later, the injury occurred before April 1, 1994, or the patient dies and a court-appointed representative prosecutes the claim.

There are many other specific requirements that must be met before a Michigan medical malpractice lawsuit can be filed.  The failure to meet these deadlines can also destroy your case.  Therefore, if you believe that your child was the victim of medical malpractice, you should contact our office immediately to discuss your case. 

For more information on medical malpractice cases in Michigan, you should request our FREE BOOK, "The Ultimate Michigan Medical Malpractice Handbook."