Medical errors can change a life in an instant. When they do, legal action is often necessary, but in Michigan, no one simply “files” a malpractice suit overnight. The law demands specific, preliminary steps before a case can proceed. If not met, these legal requirements can end a case before it begins if mishandled.
The Notice of Intent to Sue
Michigan law requires any person intending to file a medical malpractice lawsuit to first serve a Notice of Intent to Sue. This must be done at least 182 days before the lawsuit is filed. The notice must be delivered to every potential defendant, whether an individual provider or a medical institution.
It must include key details: the factual basis of the claim, the standard of care that was allegedly breached, the actions that allegedly violated that standard, the manner in which those actions caused injury, and the nature of the resulting harm. Missing any of these elements could make the notice invalid and delay or derail the lawsuit entirely. This is why the first and most important thing you need to do to help your attorney evaluate your claim is to get all of your medical records.
The statute is designed to provide healthcare providers with advance notice and an opportunity to assess the claim, possibly resolve it outside of court, or prepare for litigation. Failure to comply with this timeline and its content requirements almost always results in dismissal, though in more recent years, Michigan courts have been less willing to allow technicalities to dispose of legitimate claims.
The Affidavit of Merit
Once the notice period has elapsed and a complaint is ready to be filed, the plaintiff must also submit an Affidavit of Merit. This is a sworn statement from a licensed physician who practices or teaches in the same field as the defendant. It is not optional.
This affidavit must declare that the reviewing doctor has examined the case and believes that the care in question violated the standard expected in the profession and caused the plaintiff’s injury. The reviewing physician must have experience and qualifications that are directly relevant to the defendant’s area of practice. The affidavit should cite the standard of care, how it was breached, and explain the causal link between that breach and the injury. This is yet another reason why your attorney needs your records: so that they can provide them to the physician for the affidavit.
Michigan courts scrutinize Affidavits of Merit closely. An affidavit from the wrong type of physician or one that lacks specific findings can be grounds for dismissal, even if the case otherwise has merit. Incomplete or vague affidavits are treated as though no affidavit was filed at all.
Why Both Are Essential
These two steps, Notice of Intent to Sue and Affidavit of Merit, are gatekeepers to the courthouse. Omitting either one, or submitting them improperly, often leads to dismissal before a judge ever hears the facts of the case. Michigan courts have consistently upheld this standard, even when a plaintiff has suffered serious injury.
Together, the Notice and Affidavit serve two purposes: they discourage meritless claims and ensure that any lawsuit filed has been preliminarily vetted by a qualified medical professional. For plaintiffs, this means the case must be taken seriously from the start. It also means the timeline for pursuing a malpractice claim is tight, and any delay can put the entire case at risk.
If a claim is dismissed because one of these requirements is missed, it is difficult, sometimes impossible, to refile, especially if the statute of limitations has expired. This is why these documents must be accurate, thorough, and timely.
You Deserve Justice
If you believe you have a valid medical malpractice claim, precision and timing matter from day one. Medical malpractice law in Michigan is unforgiving when statutory requirements are missed. Contact Carla D. Aikens, P.L.C. at (844) 835-2993 for a clear, professional evaluation of your case. Every case we take begins with the steps the law requires and ends with a strategy built to win.
Carla D. Aikens, P.L.C.
