Michigan

Statute of

 Limitations

 Medical Claim Generally:

“The period of limitations is 2 years for an action charging malpractice” [MCL §600.5805(8)] “or within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later. However, except as otherwise provided in section 5851(7) or (8), the claim shall not be commenced later than 6 years after the date of the act or omission that is the basis for the claim.” [MCL §5838a(2)]

 Minors:

If “the person has not reached his or her eighth birthday, a person shall not bring an action based on the claim unless the action is commenced on or before the person's tenth birthday or within the period of limitations set forth in section 5838a, whichever is later. If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has reached his or her eighth birthday, he or she is subject to the period of limitations set forth in section 5838a.” [MCL §600.5851(7)]

If “the person has not reached his or her thirteenth birthday and if the claim involves an injury to the person's reproductive system, a person shall not bring an action based on the claim unless the action is commenced on or before the person's fifteenth birthday or within the period of limitations set forth in section 5838a, whichever is later. If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has reached his or her thirteenth birthday and the claim involves an injury to the person's reproductive system, he or she is subject to the period of limitations set forth in section 5838a.” [MCL §600.5851(8)]

 Wrongful death:

“The period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property.” [MCL 600.5805(2)]

 Damage Caps

As of January 1, 2024, the non-economic damage caps for medical malpractice in Michigan are $569,000 for the lower limit and $1,016,000 for the upper limit. The state treasurer adjusts these caps annually based on inflation.  The lower limit is the default amount that can be recovered in most medical malpractice cases, while the upper limit applies to cases where the malpractice resulted in a permanent disability.

Attorney 

Fee Caps

For contingent fee arrangements, the cap “is one-third of the amount recovered.” [Michigan rules of court Rule 8.121] 

However, a claimant can waive these percentage limitations if the case is complex or unique.

 Pre-suit   Requirements

“The plaintiff in an action alleging medical malpractice or, if the plaintiff is represented by an attorney, the plaintiff's attorney shall file with the complaint an affidavit of merit signed by a health professional who the plaintiff's attorney reasonably believes meets the requirements for an expert witness under section 2169.” [MCL §600.2912d(1)]

 Expert  

 Qualifications

A standard of care expert must be “ in the same specialty as the party against whom or on whose behalf the testimony is offered,” in a year prior have “devoted the majority of his or her professional time” to “active clinical practice of the same health profession” or “the instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession” or both. [MCL §600.2169]

 Negligent Credentialing   Claims

Court of Appeals has on at least two occasions recognized the existence of such a cause of action, but these decisions do not constitute binding precedent recognizing a cause of action for negligent credentialing of a medical provider. (Same Cite) However, current caselaw interpreting the statutory peer-review privilege makes it difficult—if not impossible—for a plaintiff to succeed on such a claim.