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Questions and Answers
What is the maximum time allowed to commence a claim under the six-year statute of repose for medical malpractice?
What is the maximum time allowed to commence a claim under the six-year statute of repose for medical malpractice?
In which situation does the six-year statute of repose not apply?
In which situation does the six-year statute of repose not apply?
What is the legal consequence if a medical malpractice claim is brought more than six years after the act or omission?
What is the legal consequence if a medical malpractice claim is brought more than six years after the act or omission?
What was the court's conclusion in Casey v Henry Ford Health Sys regarding the six-year statute of repose?
What was the court's conclusion in Casey v Henry Ford Health Sys regarding the six-year statute of repose?
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How long is the wrongful death savings statute in Michigan?
How long is the wrongful death savings statute in Michigan?
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What does the wrongful death savings statute not get tolled by?
What does the wrongful death savings statute not get tolled by?
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Which of the following best describes the purpose of MCL 600.5838a(2)?
Which of the following best describes the purpose of MCL 600.5838a(2)?
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What can terminate the application of the six-year statute of repose for medical malpractice claims?
What can terminate the application of the six-year statute of repose for medical malpractice claims?
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What is the primary statute of limitations period for filing a medical malpractice claim?
What is the primary statute of limitations period for filing a medical malpractice claim?
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Under which circumstance can the statute of limitations be extended according to the exceptions provided?
Under which circumstance can the statute of limitations be extended according to the exceptions provided?
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What happens if a medical malpractice claim accrues before a child's 8th birthday?
What happens if a medical malpractice claim accrues before a child's 8th birthday?
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What is the maximum duration allowed under the statute of repose for filing a medical malpractice claim?
What is the maximum duration allowed under the statute of repose for filing a medical malpractice claim?
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Which of the following is NOT considered a legal disability affecting the statute of limitations?
Which of the following is NOT considered a legal disability affecting the statute of limitations?
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In the case McKiney v. Clayman, what aspect was deemed irrelevant regarding the accrual of the malpractice claim?
In the case McKiney v. Clayman, what aspect was deemed irrelevant regarding the accrual of the malpractice claim?
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What must happen for the statute of limitations to begin running after a disability is removed?
What must happen for the statute of limitations to begin running after a disability is removed?
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Which section outlines the exceptions to the general two-year period of limitation for medical malpractice?
Which section outlines the exceptions to the general two-year period of limitation for medical malpractice?
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What is the time frame within which a personal representative can bring a medical malpractice suit if the person died before the limitation period has run?
What is the time frame within which a personal representative can bring a medical malpractice suit if the person died before the limitation period has run?
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What happens if a personal representative dies within two years after letters of authority are issued?
What happens if a personal representative dies within two years after letters of authority are issued?
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What is the maximum time limit for commencing an action after the limitation period has expired?
What is the maximum time limit for commencing an action after the limitation period has expired?
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What does MCL 600.5856(c) state about the statute of limitations during the notice period?
What does MCL 600.5856(c) state about the statute of limitations during the notice period?
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How long can a plaintiff wait to file a complaint if the noticed party has not provided the required written response?
How long can a plaintiff wait to file a complaint if the noticed party has not provided the required written response?
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What is one key provision under MCL 600.5852(2) regarding claims arising on or after March 28, 2013?
What is one key provision under MCL 600.5852(2) regarding claims arising on or after March 28, 2013?
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Under what circumstance will the statute of limitations not be tolled during the notice period?
Under what circumstance will the statute of limitations not be tolled during the notice period?
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According to the saving provision, when does the personal representative gain the ability to file a suit?
According to the saving provision, when does the personal representative gain the ability to file a suit?
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What expenses are included under 'Others (Death cases)'?
What expenses are included under 'Others (Death cases)'?
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What is the general cap for noneconomic damages as of 2024?
What is the general cap for noneconomic damages as of 2024?
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Which of the following is NOT an exception to the general cap on damages?
Which of the following is NOT an exception to the general cap on damages?
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What does the term 'caps' refer to in this context?
What does the term 'caps' refer to in this context?
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What is required for a plaintiff to fall under the exception for permanent impairment of cognitive capacity?
What is required for a plaintiff to fall under the exception for permanent impairment of cognitive capacity?
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How does the cap apply based on the language of the law?
How does the cap apply based on the language of the law?
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Which of the following conditions allows a claim to fall under the second cap?
Which of the following conditions allows a claim to fall under the second cap?
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What is the deadline for challenges to notices of intent according to the amendments?
What is the deadline for challenges to notices of intent according to the amendments?
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What year has a previously specified general cap amount increased to $445,500?
What year has a previously specified general cap amount increased to $445,500?
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How long does a party have to challenge an affidavit of merit after service?
How long does a party have to challenge an affidavit of merit after service?
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Under the amended rules, when do amended affidavits in medical malpractice cases relate back?
Under the amended rules, when do amended affidavits in medical malpractice cases relate back?
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When can a complaint be filed after mailing a notice of intent?
When can a complaint be filed after mailing a notice of intent?
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What is one condition needed to qualify for the 91-day shortened notice period?
What is one condition needed to qualify for the 91-day shortened notice period?
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Who is required to be served with the notice of intent?
Who is required to be served with the notice of intent?
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Where must the notice of intent be mailed when an address is unknown?
Where must the notice of intent be mailed when an address is unknown?
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What effect does the ruling in Bush v Shabahang have on challenges to notices of intent?
What effect does the ruling in Bush v Shabahang have on challenges to notices of intent?
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What is the main issue at stake in Stokes v Swofford?
What is the main issue at stake in Stokes v Swofford?
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Which statute outlines the qualifications for a testifying expert in Michigan?
Which statute outlines the qualifications for a testifying expert in Michigan?
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What was the previous ruling in Woodard v Custer regarding subspecialties?
What was the previous ruling in Woodard v Custer regarding subspecialties?
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In the Stokes case, what type of radiology was the defendant specifically practicing at the time of the alleged malpractice?
In the Stokes case, what type of radiology was the defendant specifically practicing at the time of the alleged malpractice?
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What was the court's decision regarding the relationship between specialties and subspecialties?
What was the court's decision regarding the relationship between specialties and subspecialties?
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Which surgery is commonly performed by both otolaryngology and facial plastics specialists, as discussed in Selliman v Colton?
Which surgery is commonly performed by both otolaryngology and facial plastics specialists, as discussed in Selliman v Colton?
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What did the Michigan Supreme Court decide regarding the testifying expert in Selliman?
What did the Michigan Supreme Court decide regarding the testifying expert in Selliman?
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What important role did the Michigan Supreme Court affirm it could take in Stokes v Swofford?
What important role did the Michigan Supreme Court affirm it could take in Stokes v Swofford?
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Study Notes
Medical Malpractice Study Guide
- This study guide supplements, not replaces, individual review and outlines.
- Exam may cover material not explicitly included in the guide.
- The guide may contain information not covered on the exam.
- The goal is to understand subject matter and become an exceptional practitioner.
What is Medical Negligence?
- Central case: Bryant v Oakpointe Villa, uses the Michigan Compiled Laws accrual statute (MCL 600.5838a) to define actionable parties and timelines.
- The statute details to whom the cause of action applies and when the limitations clock starts.
- Relevant jury instructions outline malpractice elements, proof, and burden of proof.
- Wrongful life claims are prohibited by common law and statute.
Procedural Differences
- Accrual period starts at negligence, not harm.
- Shortened statutes of limitations exist.
- Statutes of repose are included.
- Pre-suit notice requirements (NOI) and specificity of complaints are essential.
- Expert witness requirements and specifications are detailed.
- Economic/non-economic limitations are part of damages.
General Elements of Malpractice
- Duty: Standard of care as compared by peers (ordinary learning, training, and experience).
- Breach: Failure to meet the applicable standard of care.
- Causation: The breach must cause the injury.
- Damages: The injury suffered has to be established.
Bryant v. Oakpointe Villa Two-Prong Test
- Claim arising during professional relationship:
- Claim involving medical judgment.
Professional Relationship
- Applicable to licensed healthcare professionals under specific Michigan Public Health Codes.
- Includes hospitals and corporations. Their actions, through individuals, can lead to medical malpractice suits.
Accrual Statute
- MCL 600.5838a.
Professional Negligence and Malpractice
- Failure to provide ordinary learning, knowledge, judgment, or skill is defined as professional negligence.
- The court considers educational and professional training, areas of specialization, length of practice, the testimony's validity, and what is reasonable in the circumstances.
Michigan Does Not Recognize Wrongful Birth
- There are prohibitions on wrongful birth or wrongful life claims (MCL 600.2971).
Res Ipsa Loquitur
- A doctrine used in medical malpractice that allows an inference of causation.
- It relies on four essential elements relating to the event's nature, the defendant's control of the instrumentality, lack of voluntary action by the plaintiff, and easy access for the defendant to the event's true cause.
Ostensible Agency - Grewe Doctrine
- Hospitals are usually not liable for independent contractor physicians using the facilities.
- Exceptions exist under certain circumstances, including the relationship and representation by the hospital.
Expert Witness Qualifications
- Expert Must Meet Criteria (MCL 600.2169) to testify in malpractice cases.
- Includes active clinical practice, instruction, education, specialization, time spent in the field, and the testimony's relevance.
- Relevant expert testimonies are required in the specific field of practice where the malpractice occurred.
Statute of Limitations
- MCL 600.5838a defines the two-year period to file a medical malpractice claim.
- The time period begins from the incident or actions that caused it.
- Exceptions exist for disabilities, minors, and if the claim is discovered or should have been discovered later.
Statute of Repose
- MCL 600.5838a(2), typically setting a six-year limit for commencing a medical malpractice claim.
- Different procedures exist for the six-year limit.
- There are exceptions (such as minors' disabilities).
Wrongful Death Act
- MCL 600.2922(6) defines damages in action regarding death.
- Caps on damages are not applicable or dependent on the Act.
Notice of Intent (NOI)
- A notice of intent to file a medical malpractice claim. Time limits for a delayed complaint or actions for challenge exist.
- Filing, mailing, timelines, and specific content requirements, all must be followed to satisfy requirements for tolling.
Affidavit of Merit (AOM)
- The plaintiff's or defendant's responsibility for filing a sworn statement of a qualified medical expert.
- It certifies the appropriate standard of care was breached and how .
- It defines the medical record and notice details.
Proximate Cause
- Legal causation between actions and injuries; proving that the defendant's actions directly led to the damages.
- It's a factual determination for the jury.
Damages and Caps
- Economic damages (medical bills, lost wages) vs. noneconomic damages (pain and suffering).
- A cap, dependent on the circumstances, is placed on noneconomic damages based on specific laws and factors.
Medical Malpractice Action, Duty of Plaintiff to Furnish Security
or File Affidavit
- (MCL 600.2912d).
Affidavit of Meritorious Defense
- (MCL 600.2912e).
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Description
This study guide provides an overview of medical malpractice, focusing on key cases and legal principles such as Bryant v Oakpointe Villa. It covers definitions, procedural differences, and essential concepts needed for practitioners to understand negligence and liability in healthcare. Prepare effectively for your exam with this comprehensive resource.
