Medical Malpractice Study Guide

A legal case that established a precedent which clarified the definition of a 'specialty' in the context of medical malpractice.

The legal precedent established by Woodard v Custer allowed subspecialties to be considered 'specialties' for expert witness qualifications.

Stokes v Swofford overturned Woodard v Custer's ruling, stating that subspecialties are not considered 'specialties' for expert witness qualifications.

This law dictates that an expert witness in a medical malpractice case must have practiced or taught in the same specialty as the defendant for at least a year before the case.

The specific area of medical practice in which a doctor specializes, like general radiology or neuroradiology.

A narrower area of expertise within a broader specialty, such as neuroradiology within general radiology.

In Stokes v Swofford, the defendant was a general radiologist who had previously held a subspecialty certificate in neuroradiology. The court ruled that his negligence involving a brain film fell under general radiology, not neuroradiology.

In Selliman v Colton, both the defendant and the proposed expert were dually certified in otolaryngology and facial plastics. The court decided that the case should be retried, taking into consideration the new precedent established by Stokes v Swofford.

A formal document notifying a potential defendant of a potential medical malpractice claim. It's the first step in the legal process.

The time period within which a party must file a response to a Notice of Intent (NOI) to avoid the lawsuit being filed.

A document that must be filed within 63 days of service of the allegedly defective affidavit. It challenges the validity of the affidavit.

A complaint can be filed after the 182-day notice period has passed, if the defendant fails to respond within 154 days. Or, the complaint can be filed any time during the 182-day period if the defendant explicitly refuses to settle.

If a plaintiff successfully challenges a defendant's Notice of Intent, the plaintiff may amend the notice. This means the statute of limitations is paused (tolled).

A rule that allows a party to amend an affidavit in medical malpractice cases without restarting the statute of limitations.

The mailing date is the official date used to determine the effective date of a Notice of Intent, not the filing date with the court or the date it’s received.

The notice must be served on any potential defendant, including corporations. These potential defendants are involved in the case.

A legal claim for medical malpractice must be filed within 2 years from the date of the alleged negligence.

A legal concept that determines when the time for filing a lawsuit begins to run.

The final ending of the relationship between the doctor and the patient is not necessarily when the statute of limitations starts.

People under age 18 may have different time limits for filing medical malpractice lawsuits.

People with disabilities like mental illness may have more time to file a lawsuit.

If you didn't know about the injury or didn't suspect negligence, you might have more time to sue.

These types of claims have a special limit of 6 years, and the patient cannot sue after that time.

If you were 8 years old when a medical negligence occurred, you can still sue before you turn 10 years old.

A period of time when the legal clock for filing a lawsuit is paused, preventing the statute of limitations from expiring.

This legal provision allows the personal representative of a deceased individual to file a medical malpractice claim after the person died, if certain conditions are met.

This law defines the time allowed to file a lawsuit after a notice of intent (NOI) is served in a medical malpractice case.

This law sets a specific period within which a plaintiff must file a complaint after the defendant fails to respond to a notice of intent.

The official date used to determine the effective date of a notice of intent (NOI) is the date it is mailed, not the date it's filed or received.

This legal concept outlines the process for filing a medical malpractice lawsuit, including the requirement for a notice of intent (NOI) and potential time extensions.

A specific type of statute of repose that applies to medical malpractice claims. It limits the time to file a claim to six years after the medical act or omission that caused the injury.

The period for filing a claim is extended if the plaintiff can prove that the defendant's fraud prevented the plaintiff from discovering the cause of their injury. This is an exception to the statute of repose.

A legal doctrine that delays the running of the statute of limitations until the plaintiff reaches a specific age, often 18 years old.

A state law that allows a person to bring a claim for wrongful death if the deceased person would have had a valid claim had they lived.

The time allowed to file a wrongful death claim. It begins two years after the date the personal representative is appointed.

The Wrongful Death Savings Statute is not subject to the same tolling provisions as statutes of limitations or repose. It cannot be extended by events like a notice of intent (NOI) to file a claim.

A legal cap on the total amount of non-economic damages recoverable by all plaintiffs in a medical malpractice case. Represented by a dollar amount that is adjusted annually based on the consumer price index.

Non-economic damages include things like pain, suffering, mental anguish, loss of companionship, and loss of enjoyment of life. It does not include medical expenses, lost wages, or other economic losses.

The cap applies to the total amount of non-economic damages recoverable by all plaintiffs in a case, regardless of how many defendants there are.

The cap applies to the total amount of non-economic damages recoverable by all plaintiffs in a case. It does not apply to claims of ordinary negligence.

The general cap is subject to certain exceptions. One exception is if the plaintiff suffers a permanent impairment of cognitive capacity that renders them incapable of making independent, reasonable life decisions.

Claims that fall within the exceptions to the general cap are subject to a second, higher cap.

The original damage cap applied in Michigan was set at $280,000. The amount has been adjusted annually to reflect the consumer price index. In 2017, the cap was $445,500 and in 2024, it was $569,000.

The cap is a controversial topic in medical malpractice law. It is intended to limit the amount of compensation that can be awarded in medical malpractice cases, but critics argue that the cap is too low and does not adequately reflect the costs of medical negligence.