Michigan law

Medical Malpractice Laws in Michigan.

Michigan imposes some of the most stringent pre-suit requirements in the country for medical malpractice. Before filing, a plaintiff must send a written Notice of Intent (NOI) to the defendant at least 182 days before commencing the action, and must file an Affidavit of Merit (AOM) with the complaint. Michigan caps noneconomic damages at $596,400 (standard) and $1,065,000 (brain/spinal cord) for 2026, adjusted annually.

Last verified: 2026-02-25

State law

Statute of Limitations

2 years (6-month discovery extension; 6-year repose)MCL § 600.5838a

Medical malpractice claims must be filed within 2 years of the act or omission. If the injury is not immediately discoverable, an additional 6 months from discovery is allowed. No action may be filed more than 6 years after the act (statute of repose).

Exceptions

Minors — Until age 19MCL § 600.5851

The statute is tolled until 1 year after the minor turns 18 (age 19).

Fraudulent ConcealmentMCL § 600.5855

If the defendant fraudulently conceals the malpractice, the limitations period is tolled.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)MCL § 600.2959

The same modified comparative fault rules apply as in general personal injury. Joint and several liability has been largely abolished for noneconomic damages — each defendant is liable only for their proportionate share.

State law

Damage Caps

Non-Economic Damages (Standard): $596,400 (2026)MCL § 600.1483

Noneconomic damages are capped at $596,400 for 2026, adjusted annually for inflation by the State Treasurer.

Non-Economic Damages (Brain/Spinal Cord): $1,065,000 (2026)MCL § 600.1483

Enhanced cap of $1,065,000 for permanent impairment of cognitive capacity, or brain/spinal cord injury resulting in paralysis or permanent functional loss of limbs.

Economic Damages: No cap

There is no cap on economic damages (medical bills, lost wages, future care costs).

State law

Filing Requirements

Notice of Intent (182 Days)MCL § 600.2912b

A written Notice of Intent must be sent to the defendant at least 182 days before filing suit. The defendant must respond within 154 days with their factual basis for defense. Shortened to 91 days if the claimant previously filed notice against other parties.

Affidavit of MeritMCL §§ 600.2912d, 600.2169

Must be filed with the complaint, signed by a qualified health professional meeting expert witness qualifications. The expert must practice or teach in the same specialty as the defendant.

State law

Key Michigan Statutes

Expert Witness QualificationsMCL § 600.2169

In a medical malpractice action against a specialist, the expert must practice or teach in the same specialty and have devoted sufficient time to active clinical practice or instruction.

State law

Official Sources

Michigan Legislature — Compiled Laws Michigan Department of Treasury (Damage Cap Notices)

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Michigan.

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Medical Malpractice Laws in Michigan.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Filing Requirements

Key Michigan Statutes

Official Sources

Not Legal Advice

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