Lawyers for Medical Malpractice in Michigan

Michigan Medical Malpractice Laws at a Glance

Statute of Limitations

2 years from the date of the act or omission, or 6 months from discovery, up to a maximum of 6 years. Michigan’s medical malpractice statute of limitations is generally 2 years from the date of the alleged malpractice. Additionally, Michigan has a discovery rule that gives a patient 6 months from the date they discovered (or should have discovered) that the injury was caused by malpractice, if that is later than the standard 2-year period. However, Michigan also enforces a hard 6-year statute of repose: no malpractice claim can be filed more than 6 years after the date of the malpractice, regardless of when it was discovered. Exceptions to the 6-year bar exist if there was fraudulent concealment by the defendant or in cases involving retained foreign objects (in which case the 6-month discovery period runs from when you discover the object, even if beyond 6 years).

Damage Caps

Michigan places a cap on non-economic damages in medical malpractice cases. There are two tiers of cap: a “standard” cap and a “higher” cap for specific severe circumstances. For 2025, the standard cap is roughly $505,000 (adjusted annually for inflation) and the higher cap is about $845,000. The higher cap applies to cases involving very severe injuries such as permanent paralysis from brain/spinal injury, permanently impaired cognitive capacity, or loss of reproductive ability, etc. These caps limit pain and suffering and other non-economic damages. Economic damages like medical expenses and lost wages are not capped. Michigan does not allow punitive damages in malpractice cases.

Expert Testimony Required

Michigan requires an Affidavit of Merit at the onset of a malpractice lawsuit. When filing the complaint, the plaintiff must include an affidavit signed by a qualified medical expert (matching the specialty of the defendant) stating that the expert has reviewed the case and believes malpractice occurred (with details on the standard of care, breach, causation, etc.). Additionally, before even filing, Michigan requires a 182-day notice to be given to the healthcare provider of the intent to sue, including details of the claim. During litigation, expert testimony is essential to establish the standard of care and breach. Michigan also applies a strict standard for expert qualifications (the expert usually must specialize in the same area as the defendant and meet certain practice or teaching requirements). Without a supportive expert, a malpractice case in Michigan will be dismissed.

💡 Always consult a qualified attorney for case-specific guidance.