Medical Malpractice in Michigan

Michigan Medical Malpractice: Overview

Michigan combines a two-tier non-economic damage cap with some of the strictest pre-suit procedural requirements in the United States. Compliance with the 182-day notice and the same-specialty expert rules is critical to preserving any Michigan malpractice claim.

Michigan Statute of Limitations

MCL 600.5838a sets a 2-year limitations period from discovery for medical malpractice claims. Minor tolling rules are highly complex — claims for injuries to children must generally be filed by the later of the minor's 10th birthday or the standard limitations period. Always verify with Michigan counsel.

Michigan Two-Tier Non-Economic Cap

MCL 600.1483 imposes a two-tier non-economic damage cap, adjusted annually for inflation. The standard cap is approximately $500,000 (2025); the higher cap of approximately $1,000,000 applies in cases involving permanent serious disfigurement, loss of use of a limb, loss of cognitive ability, or other defined serious impairments.

182-Day Pre-Suit Notice and Affidavit of Merit

MCL 600.2912b requires the plaintiff to serve a 182-day pre-suit notice on each healthcare defendant before filing. The notice period tolls the statute of limitations.

MCL 600.2912d requires the plaintiff to file an Affidavit of Merit with the complaint, signed by a qualified expert in the same specialty, attesting to the standard of care, the alleged breach, and proximate cause.

Expert Requirements in Michigan

Michigan has among the strictest same-specialty expert requirements in the nation. The expert must be in the same specialty as the defendant and must have devoted a majority of professional time to the active clinical practice of that specialty in the year before the alleged malpractice. Michigan applies the Daubert standard under MRE 702.

Michigan Court System for Malpractice

Michigan malpractice cases are filed in the Circuit Court — the state's trial court of general jurisdiction. Appeals go to the Michigan Court of Appeals and the Michigan Supreme Court.

Common Defendants in Michigan Malpractice

Major defendants include Henry Ford Health, Corewell Health (formed by the merger of Beaumont Health and Spectrum Health), Michigan Medicine (University of Michigan), and Ascension Michigan.

Notable Michigan Malpractice Law

The combination of the 182-day notice, strict same-specialty affidavit of merit, and complex minor tolling rules makes Michigan one of the most procedurally demanding malpractice jurisdictions in the United States.

Finding a Medical Malpractice Attorney in Michigan

The State Bar of Michigan member directory and the Michigan Association for Justice are useful starting points for identifying experienced malpractice counsel.