Resuming Medical Treatment After a Gap: Michigan Legal Considerations

This FAQ-style guide explains how a break in medical care can affect your ability to get compensation for injuries in Michigan. It covers which laws apply, how gaps are viewed by insurers and courts, what evidence helps your claim, and practical steps to protect your rights. This is informational only and not legal advice. Consult a Michigan attorney about your specific situation.

Detailed answer — how a treatment gap affects a Michigan injury claim

Which law applies to your claim?

Two common legal routes for seeking compensation are:

• Personal injury claim against a third party (for example, a car crash or slip-and-fall). Michigan’s general statute of limitations for personal injury actions is found at MCL 600.5805. See the statute: MCL 600.5805. In most cases, you have three years from the date the cause of action accrues to file a lawsuit.
• Medical malpractice claim against a health care provider. Different rules apply under the Michigan Medical Malpractice Act. See: MCL 600.2912. Medical malpractice claims usually must be filed within two years after the claim accrues, and there are longer absolute limits in some circumstances.

Does a gap in treatment automatically bar recovery?

No. A gap in treatment does not automatically prevent you from recovering damages. But the defendant (or their insurer) will likely argue the gap weakens your claim. They commonly raise two defenses:

• Causation: The defendant may say your current condition is caused by something that happened after the original accident (an intervening event), not the original injury.
• Failure to mitigate damages: Michigan law expects injured people to take reasonable steps to limit their harm. If you unreasonably delay treatment, a judge or jury may reduce your recoverable damages to reflect the additional harm caused by the delay.

How courts and insurers evaluate a treatment gap

Decision-makers focus on these points:

• Timing: How long was the gap? Short gaps are less damaging than multi-year gaps.
• Explanation: Why did you stop seeking care? Valid reasons include financial hardship, lack of insurance, fear, being unable to find a specialist, or misdiagnosis. Good documentation of the reason helps your case.
• Continuity and linkage: Medical records that tie the original injury to ongoing symptoms (or show progressive findings on imaging) support causation.
• Expert opinions: Medical experts can explain how the original injury could reasonably produce current symptoms despite a gap in care.

Statute of limitations and accrual issues

Even if you resume care, you must pay attention to filing deadlines:

• Personal injury: Most negligence claims must be filed within three years of the date the cause of action accrues. See MCL 600.5805.
• Medical malpractice: Malpractice claims have their own accrual rules and discovery doctrines under MCL 600.2912. Often the clock begins when the injured person discovers—or reasonably should have discovered—the injury and its connection to the provider.

If your delay is long enough that the statute of limitations may run, talk to an attorney immediately. Missing the filing deadline usually blocks your ability to sue.

What courts look for when a plaintiff resumes care

Courts typically consider whether the resumed care provides reliable, contemporaneous medical proof of:

• ongoing symptoms;
• objective medical findings (imaging, tests, physical exam notes); and
• medical causation linking those findings to the original event.

Well-documented, recent exams and specialist reports that explain the causal connection carry significant weight.

Practical steps to strengthen a claim after a gap in treatment

1. Resume medical care promptly. See a primary care provider and the appropriate specialists. Request clear, detailed exam notes and diagnostic tests. Early documentation helps now and later.
2. Get copies of all prior medical records and imaging. Make sure records from before, during, and after the gap are collected.
3. Document why you paused treatment. Collect evidence such as emails, bills showing lack of insurance, employer communications, or other proof that explains the reason for the gap.
4. Ask treating providers to state, in writing, their medical opinion about causal links between the original injury and your current condition. If needed, obtain an independent medical examination or expert report.
5. Preserve other evidence: photos, witness statements, workplace records, and bills showing lost income or functional limitations.
6. Check filing deadlines. Calculate the statute of limitations that applies to your case and calendar the deadline for filing suit. If in doubt, consult an attorney immediately.
7. Consider legal representation early. An attorney can preserve evidence, request records, coordinate experts, and advise about tolling or discovery-rule arguments if limitations are near.

Evidence that helps overcome a treatment gap

• Medical records that show consistent complaints after the original event.
• Objective tests (MRI, X‑ray, EMG, lab tests) showing injury or disease progression linked to the event.
• Letters or notes from providers explaining why the condition worsened or persisted despite the gap.
• Documentation explaining practical reasons for delay (insurance denials, inability to travel, caregiving obligations, etc.).
• Expert medical affidavits tying your current condition to the original incident.

When a gap might seriously hurt your case

A treatment gap can be fatal to a claim when:

• The gap is long and unexplained, and there is no objective medical link between the original injury and the current condition.
• There is reliable evidence of an intervening event that explains the worsening of your condition.
• The statute of limitations has expired and no tolling or discovery-rule exception applies.

Helpful hints

• Resume treatment as soon as you can—even if you intend to pursue a claim later.
• Always get written records and copies of tests. Ask providers to address causation in writing when appropriate.
• Keep a symptom journal with dates, activities that worsen symptoms, and functional limits.
• If finances are a barrier, tell your provider. Programs, payment plans, or legal clinics sometimes assist and create paperwork showing why care was delayed.
• Mark statutory deadlines on your calendar once you know which claim type applies. When in doubt, meet a lawyer—statutes of limitation are strict.
• If you plan to settle with an insurer, discuss how the gap may affect settlement value and consider delaying settlement until you complete necessary treatment and get medical opinions.

Final checklist before you contact an attorney

• Collect all medical records and imaging (before and after the gap).
• Prepare a timeline explaining the original event, symptoms, the gap, and resumed care.
• Gather any bills, pay stubs, or proof of lost earnings related to the injury.
• List potential witnesses (friends, family, co-workers) who observed limitations or the event.

Important disclaimer: This article explains general Michigan law and common strategies; it is not legal advice. Every case depends on specific facts and deadlines. For advice about your situation, contact a licensed Michigan attorney promptly.