Medical malpractice claims: harm and next steps in Michigan

Statute of Limitations: Michigan requires medical malpractice claims to be filed within 2 years of the negligent act or omission, or within 6 months of discovering or reasonably discovering the existence of the claim, whichever is later (MCL § 600.5805, § 600.5838a). An absolute 6-year statute of repose bars all claims more than 6 years after the act. If the claim accrues before the child's 8th birthday, the action may be brought by the 10th birthday or within the regular period, whichever is later (MCL 600.5851(7)).

Non-Economic Damages Cap: 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 governs the caps and annual adjustments.

Pre-Suit Requirements: Michigan has a detailed pre-suit notice requirement under MCL § 600.2912b. The plaintiff must provide a 182-day notice of intent to each prospective defendant before filing suit, and this notice tolls the SoL for 182 days. The notice must include specific facts about the alleged malpractice, the applicable standard of care, how it was breached, and the causal connection to the damages. Suit may not be filed until the 182-day period expires (or defendant responds with notice of intent to mediate).

Venue: Michigan medical malpractice cases are filed in the Circuit Court of the county where the defendant resides, where the cause of action arose, or where the defendant has a principal place of business. MCL § 600.1621 governs. Wayne County (Detroit), Oakland County, and Macomb County handle the majority of metro Detroit medical malpractice filings.