Michigan Medical Malpractice Laws

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.

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).

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.

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.