My question involves malpractice in the state of: Michigan
In my case I'm being sued by a collection agency for a medical debt arising from a procedure for which I believe I have a fairly strong case that the procedure was unnecessary and having performed it did not conform with well established standard of care that can be documented by another doctor in the same specialty and by clinical guidelines of multiple professional associations in the specialty.
The problem is that I am outside of the 2 year statutory limit on filing a medical malpractice claim.
My question stems from the possibility of use of MCL 600.2912 (2) which states "Malpractice may be given in evidence in defense to any action for services rendered by the member of a state licensed profession, or person holding himself out to be a member of a state licensed profession."
If I'm understanding correctly, use of malpractice given in evidence in defense of the collection action would be different than a malpractice civil action and the NOI waiting periods and the period of limitations defined in MCL 600.5805 (6)
I'd like to here whether I'm understanding the law correctly please.
In my case I'm being sued by a collection agency for a medical debt arising from a procedure for which I believe I have a fairly strong case that the procedure was unnecessary and having performed it did not conform with well established standard of care that can be documented by another doctor in the same specialty and by clinical guidelines of multiple professional associations in the specialty.
The problem is that I am outside of the 2 year statutory limit on filing a medical malpractice claim.
My question stems from the possibility of use of MCL 600.2912 (2) which states "Malpractice may be given in evidence in defense to any action for services rendered by the member of a state licensed profession, or person holding himself out to be a member of a state licensed profession."
If I'm understanding correctly, use of malpractice given in evidence in defense of the collection action would be different than a malpractice civil action and the NOI waiting periods and the period of limitations defined in MCL 600.5805 (6)
I'd like to here whether I'm understanding the law correctly please.
Medical Malpractice: Malpractice As a Defense Against a Collection Action
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