Michigan Medical Malpractice Laws
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
Statute of Limitations
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
The statute is tolled until 1 year after the minor turns 18 (age 19).
If the defendant fraudulently conceals the malpractice, the limitations period is tolled.
Fault & Liability Rules
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.
Damage Caps
Noneconomic damages are capped at $596,400 for 2026, adjusted annually for inflation by the State Treasurer.
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.
There is no cap on economic damages (medical bills, lost wages, future care costs).
Filing Requirements
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.
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.
Key Michigan Statutes
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.
Official Sources
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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