Medical Malpractice Lawsuit 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. For minors under 8, the period begins at age 8 but is still subject to the 6-year repose.

Non-Economic Damages Cap: Michigan caps non-economic damages in medical malpractice cases. The standard cap adjusts annually for inflation and as of recent years stands at approximately $465,000. A higher cap of approximately $845,000 applies in cases of permanent loss or serious impairment of a bodily function, permanent serious disfigurement, or death. 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.