AV Preeminent-rated by Martindale-Hubbell, Cullen McKinney is a principal with Tanoury, Nauts, McKinney and Dwaihy, PLLC (TNMD), in Detroit. Working with physicians and hospital systems in medical malpractice cases, Cullen McKinney defends clients against medical malpractice suits, utilizing defenses appropriate to each case, for example, a suit that is time-barred by the statute of limitations.
The statute of limitations for medical malpractice lawsuits in Michigan is two years. Michigan Statute Section 600.5805 bars people from bringing actions to recover damages for medical malpractice personal injury more than two years after the alleged malpractice took place. Courts abide by this law and generally dismiss suits that are time-barred, following a motion by defense attorneys.
There are exceptions to the two-year rule, however. Section 600.5805 further states that a plaintiff can pursue legal action for medical malpractice either within two years after the date of the malpractice or six months from the date they discovered, or should have reasonably discovered, the existence of a claim, whichever is later. This means a plaintiff can start a medical malpractice claim after the two-year period if they discovered they had a claim later. They will, however, have to prove that they did not, and could not reasonably, have discovered the claim earlier. But even in such instances, Michigan maintains that the claim should be within six years since the date of the alleged malpractice.
