Michigan (MI) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Michigan.
Damage Cap
Approximately $497,000 non-economic damages (adjusted annually for inflation; higher cap of approximately $887,000 for certain catastrophic injuries)
Statute of Limitations
2 years from the date of the act or omission
Discovery Rule
Michigan applies the discovery rule, but the claim must be filed within 6 months of discovering or reasonably should have discovered the claim, and is subject to a 6-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file an affidavit of merit and a notice of intent to file a claim at least 182 days before filing the complaint.
Average Settlement
$225,000 - $500,000
Average Verdict
$375,000 - $1,300,000
Key Facts About Michigan Medical Malpractice Law
- 1Michigan requires a 182-day notice of intent period before filing a malpractice lawsuit, during which the statute of limitations is tolled.
- 2An affidavit of merit from a qualified health professional must accompany the notice of intent.
- 3Michigan's non-economic damages cap is adjusted annually for inflation, with a higher cap for catastrophic injuries such as loss of limb or reproductive organ.
- 4The state follows a modified comparative fault system with a 51% bar.
Need Help with a Michigan Medical Malpractice Case?
If you believe you have a medical malpractice claim in Michigan, it is important to act quickly. The statute of limitations in Michigan is 2 years from the date of the act or omission. Most medical malpractice attorneys offer free initial consultations.