Birth Injury Lawsuit in Michigan

Michigan birth injury cases are filed in Circuit Court in the county where the cause of action arose or where a defendant resides. Wayne (Detroit), Oakland (Pontiac), Macomb, Kent (Grand Rapids), and Washtenaw (Ann Arbor) counties handle the majority of obstetric malpractice cases. Michigan requires plaintiffs to send a Notice of Intent to each defendant at least 182 days before filing suit, and the complaint may not be filed until the 182-day pre-suit period has run (MCL 600.2912b). During this period, informal exchange of medical records and expert review is expected.

Michigan's medical malpractice statute of limitations is two years from the date of discovery, with a six-year statute of repose from the act or omission (MCL 600.5838a). Michigan provides robust minority tolling: for minors under 8 years old at the time of the malpractice, the limitations period is tolled until the child's 10th birthday, after which the standard two-year period runs—giving families until age 12 in most cases. The six-year repose period is also tolled until age 8, providing an absolute filing deadline of the child's 10th birthday plus two years, or six years from the act, whichever is later.

Michigan caps non-economic damages in medical malpractice cases. The standard cap adjusts annually for inflation and currently exceeds $480,000; for cases involving permanent loss of a vital bodily function, permanent serious disfigurement, or death, the cap increases to approximately $860,000 (MCL 600.1483). These caps apply per occurrence. Economic damages including lifetime medical and attendant care costs, lost earning capacity, and vocational rehabilitation are not capped—and in severe cerebral palsy cases, economic damages alone routinely reach $10–20 million.

Michigan obstetric malpractice litigation frequently targets the University of Michigan Health System, Henry Ford Health, Beaumont Health (now Corewell Health), Spectrum Health, and Detroit Medical Center. Michigan has a well-developed plaintiffs' birth injury bar, with significant verdicts in cases involving HIE from delayed emergency cesarean delivery, shoulder dystocia resulting in permanent brachial plexus injury (Erb's palsy), and neonatal brain damage from inadequately monitored prolonged labor. Michigan's 182-day notice requirement creates an extended pre-filing phase that can be used productively to develop expert opinions.