Birth Injury: What Families Can Check in Michigan

Michigan's medical malpractice statute of limitations is two years from the act or omission, or six months after the plaintiff discovers or should have discovered the claim if that is later, but no more than six years after the act or omission (MCL 600.5805(8), 600.5838a). Michigan has a specific minority rule: if a medical malpractice claim accrues before the child's eighth birthday, the action must be commenced on or before the child's tenth birthday or within the regular limitations period, whichever is later (MCL 600.5851(7)).

Michigan caps non-economic damages in medical malpractice cases. The cap is adjusted each year for inflation. A higher cap applies where the plaintiff is hemiplegic, paraplegic, or quadriplegic from a brain or spinal cord injury, has permanently impaired cognitive capacity, or has permanent loss of or damage to a reproductive organ resulting in inability to procreate (MCL 600.1483). The cap limits the total noneconomic damages recoverable by all plaintiffs from all defendants. Economic damages including lifetime medical and attendant care costs, lost earning capacity, and vocational rehabilitation are not capped.

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.