Legal Question in Elder Law in Michigan

Is there a time limit for suing a nursing home/care facility for negligence? My mother was dropped on the floor because of a nurses' aide trying to turn her without the help of a second person, which is the standard policy.

Asked on 3/18/10, 11:12 am

1 Answer from Attorneys

Andrew Longcore Howard PC

The statute of limitations on an action is basically a requirement that an action be brought within a certain period of time after the event. For negligence this time period is normally 3 years from the event. However, medical malpractice actions follow a different limitations period. MCLA 600.5805(5) sets a two year limit on medical malpractice cases.

With that being said there are other rules that apply specifically to medical malpractice claims that involve notice that must be given and time period that an action must be brought upon discovery.

An action should be pursued at the earliest possible time. Delays can only lead to problems and I would never advise anyone to wait to bring a claim.

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Answered on 3/23/10, 11:32 am

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