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The Timeline of a Medical Malpractice Lawsuit

April 10, 2024

At Moss & Colella, P.C., we understand that clarity and transparency are essential in navigating a legal case, so we have created this timeline to help you track the progress of your case step by step. Whether you are a new client or a returning one, this timeline will provide a clear overview of what to expect throughout the process.

Investigating and Reviewing All Medical Records

In the legal process of addressing medical negligence cases, one of the initial steps involves a detailed discussion between you and your lawyer regarding the medical condition and treatment that are central to the alleged negligence by the healthcare provider. During this consultation, your lawyer will gather information about the specific medical circumstances, including the diagnosis, treatment plan, and any deviations from the standard of care that may have occurred. This conversation is crucial in establishing the foundation for your case and determining the best course of action to seek justice for the harm caused due to medical negligence.

Hiring a Medical Expert

The attorneys at Moss & Colella will identify and retain highly qualified medical expert(s) to evaluate your case. This expert will be credentialed in the same medical specialty as the defendant. The expert medical witness is responsible for reviewing the medical records and providing an expert opinion regarding the expected standard of care and how the target defendant deviated from that standard of care, resulting in your serious injuries. Michigan medical malpractice cases require an expert to support the claims. Therefore, while this step can be time consuming, it is absolutely necessary.   

Michigan’s “Notice of Intent” In a Medical Malpractice Lawsuit

Every medical malpractice case in Michigan must begin with filing a Notice of Intent to File Suit (NOI). This notice must be in written form and served on all healthcare providers who are to be sued at least 182 days before the lawsuit is officially filed. This crucial step in the legal process ensures that all parties involved are given proper notice and time to prepare for the upcoming litigation. If you are considering pursuing a medical malpractice case in Michigan, adhere to this critical requirement to protect your rights and ensure a smooth legal process.

The Michigan Affidavit of Merit Requirement for Medical Malpractice Lawsuits

In Michigan, the plaintiff's lawyer must submit an Affidavit of Merit (AOM) with the Complaint filed with the Court. The Affidavit is a sworn statement provided by the expert witness supporting your case. It explains the medical standard of care, that the standard was breached and in what manner, and that the breach was the proximate cause of your injuries. The AOM is required by Michigan law and is a necessary step that must be followed. 


In a Medical Malpractice case, once the pre-lawsuit procedures have been satisfied, litigation begins, and the parties engage in the discovery process. This crucial procedure involves investigating the adversary's legal claims and defenses. Each party sends interrogatories, legal questions, and document requests to each other. It also conducts depositions of relevant parties and witnesses, typically starting with the plaintiff and defendant.

Depending on court deadlines, the discovery phase can extend over a year or more and may necessitate parties seeking the judge's intervention. It's common for one or both parties to be dissatisfied with the responses to interrogatories and document requests, leading to a motion to compel further responses. The judge then evaluates each side's arguments and decides, a process that can be repeated multiple times throughout the lawsuit.

Negotiation and Mediation

In this process, the lawyers will discuss whether to settle the case. This involves the lawyers engaging in conversations to reach an agreement amongst themselves. Should a settlement not be achieved through these discussions, the next step will include mediation in the presence of a neutral mediator, who will assist in facilitating a resolution. 


Negotiation and mediation often work to settle a case. However, if the two sides cannot agree, the case moves to trial. An essential factor to remember in the trial process is that even though a lawsuit is scheduled for trial, this does not mean the trial date is imminent. Often, trials will be rescheduled because of the court's delay in the case process. It is important that you remain available for your attorney to contact you through each step of your case so we can communicate important matters with you. 

About the Firm

The attorneys of Moss & Colella have carefully chosen their career paths to fight for those that have suffered from injury and wrongful death. We believe every citizen should have the right to hire the best lawyer who will actively advocate for their case.

David Moss and Vince Colella have over 60 collective years of personal injury trial experience that provides you a level of legal services and success unmatched by other firms. By working together, we have the ability to find creative, effective, and efficient solutions to even the most complex cases. No matter what situation you face, we will help you get through it.

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When a catastrophic life event occurs, you need personal attention from experienced litigators that will help you understand every facet of your case. Talk to one of our compassionate attorneys today, completely free of obligation.

"David and Ryan made sure that I always had any questions or concerns addressed in a timely manner. I appreciated their compassion, and understanding as I got emotional. The reassurance they provided made me feel important and valued as a client."

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Client Testimonials

I HIGHLY recommend David Moss; he exceeded my expectations numerous times, and I feel fortunate and blessed to have worked with him and his team. Moss & Colella attorneys have relentless perseverance and dedication for everyone they represent.
If this firm takes your case, it's in exceptionally experienced hands. The hands of attorneys who care about your well-being and the outcome of your litigation!
When I got into a car accident, my life changed. David and Ryan understood how this change affected my livelihood and mobility. They handled my case professionally, and I couldn't be more thankful for all of the sincere guidance and help provided throughout this process.
Thanks so much for everything!!!

The Burls


 I was referred to Moss & Colella in 2018 following a car accident. I cannot tell you how confident and safe I felt knowing that I was in good hands. David, and Ryan made sure that I always had any questions or concerns addressed in a timely manner. I appreciated their compassion, and understanding as I got emotional, and the reassurance they provided, made me feel important and valued as a client. If you need a great lawyer for an injury, this is your firm! I hope I never need to be in a position where I’d need their help again, but if I did, I’d gladly seek their services!

T. Ray


My son sadly passed after a vehicle accident, it was a hard case. Mr. Moss was our lawyer, he was very helpful, very informative, very up front and put alot of effort into this case. He’s a great man, a honest man and his law firm will do the best with any case brought to them. Everyone at his office was very kind and very helpful. I absolutely recommend them for any of your lawsuit needs.
Very grateful for this firm!

S. Collins


Words can not express how grateful I am for the outcome of this case. It was truly a blessing to have this resolved sooner than expected. But without your help and my faith in your firm along with my faith on God, this may not have been possible. I appreciate everything you have done in orchestrating everything to this resolve, for your time and effort meant the world to me. I thank my friend for putting me in touch with such a talented group of people. You will always be considered my attorneys of choice for anything that comes up in the future that would render your services. This year has definitely been many blessings so far and I welcome many more to come. Thank you again for everything and may you continue to be blessed.


Mother of Client

Very few people on this earth impress me. You are one of the very few. My family and I thank you for all you did. You are a good man!



Other law firms would not take my case, they said it was too complicated. But David Moss took my case and got the result I was looking for in almost no time at all. I’m glad I didn’t listen to those other lawyers.



I just wanted to thank you for putting your time and effort into my case. You did a wonderful job last Thursday. You are what people say you are, a wonderful lawyer.



I do not only count on you as one bad ass lawyer, but also a friend. None of this would be possible without you. My deepest gratitude to you and all of the Moss & Colella team.



I am very relieved and very happy with the outcome. I appreciate everything you and your firm did to see this through and I will be grateful for that always. You all came highly recommended and now I see why based on what you did in helping my son through a very challenging moment in his life. We will always be your fans:) Thank you again and may you always be Blessed…


Mother of Client

Moss & Colella PC goes above and beyond, and then some, to get the results you need and deserve! Since my accident in 2021, in which I broke several bones and am not able to work anymore, my vehicle insurance company dropped the ball. They not only tried to discredit me, but also have been trying to screw me out of what was owed to me. Thank you to David and the whole team for putting their all into my case, I got more than I expected! I am so overwhelmed and appreciative by what they have done for me!



Thanks for another great Colella in Context, Vince. You are helping all of us by taking the time to write your thoughtful column.



Attorney David Moss was referred to me after my car accident, I really did not know what to expect. I met with him and he explained the process well. His office helped me get compensation for missing work because of the accident. He was able to get compensation for my caregiver. He also was able to get all my medical bills from the accident paid by the insurance company. And finally he was able to get me much more from the insurance company than their first offer. He and his staff are professionals. I highly recommend Moss & Colella Law Firm. The other law firms say “they will fight for you”, no Attorney Moss will fight for you. Give his office a call and let them handle your case.

Dana Darby


I was referred to Moss & Colella PC after the accident I was in. I could not have made a better choice. From the initial conversation I had with Mr. Moss about taking legal action, to the day I received my settlement, Mr. Moss and his team worked diligently and were adamant about getting what was deserved, keeping me informed each step of the way. What I respect the most about this firm is they are straight up with you about what is going on and what the best options are for you. Thank you to David, Ryan, Kelly, Janice and anyone else who had a part in getting this done.

Dame Mitchell


Best choice I ever made going with Moss & Colella. Vince and Wendy were always there for me from start to finish I love you guys and your firm. I highly recommend this firm. Vince and Wendy are smart, sharp and caring people. God bless you guys and your firm thanks for everything

John Bahoura


I was referred to David and I could never be happier!! I had NO Idea how my case would go or if I even had a case.  David was so STRAIGHT UP with me with the process and how things may go and I can honestly say I appreciated that the MOST. The entire staff made me feel so comfortable, they took care of business! I really appreciate you David!!

Breeana Coe


Attorney David Moss, Ryan, and their assistant Kelly were all AMAZING. They were incredible understanding and patient with me and my family. It was like they knew EVERYTHING  we were going through. They were all right by our side going though and explaining every detail. When this ordeal started I ask someone if they knew of a pit bull that would be able to help us. I am so so glad I was referred to Attorney David Moss.

Thomas Hale


I am very pleased with my experience with Moss & Colella, P.C.  The professionalism, and keeping you informed about every detail that took place were outstanding I could not have picked no one better to handle my case I would give them the highest grade that you possibly could give an attorneys office I am very satisfied with how my case was handled

Earl Moore


The firm of Moss & Colella was wonderful they kept me and my family well informed and constantly gave updates in our challenging legal matter. Kept their word and didn't promise anything they couldn't deliver. I would highly recommend this firm for their personal service and depth of legal knowledge which was a win for my family and helped me feel at ease during a tragic time. Thank you. David Moss Great job. Have a great future. Highly recommended law firm

George Baird


The best staff and always on top of everything. They stay in contact with updates and work hard and fast to hep you in every way. Thanks to all that worked on my case love you all.

Brian L


David Moss and the Moss &  Colella team were awesome! I would recommend them to anyone

Lisette Montry


This is a Top-notch Firm.. They explained my options every step of the way. I would recommend them to my closest family and friends.

Greg Sawmiller


Excellent service very professional fully satisfied

Sterling Crutcher


My experience with this law firm has been excellent. They work hard around-the-clock to solve your situation. I was suggest anyone that needed a lawyer whatever situation to contact them.

Deanne Freenan