Medical Malpractice

Michigan law caps noneconomic damages (pain, suffering, loss of enjoyment of life) in medical malpractice cases. For 2026, the standard post-1993 cap is $596,400. The higher cap is $1,065,000 and applies only to the severe permanent-injury categories listed in MCL 600.1483: hemiplegic, paraplegic, or quadriplegic status with total permanent functional loss of one or more limbs caused by brain or spinal cord injury; permanently impaired cognitive capacity that prevents independent responsible life decisions and normal daily living activities; or permanent loss of or damage to a reproductive organ resulting in inability to procreate. A fatal malpractice case does not qualify for the higher cap by itself.

The cap limits recoverable noneconomic damages after the trier of fact itemizes economic and noneconomic loss. Economic damages — lost wages, future medical care, disability, and other provable financial losses — are not capped by this section. The 2026 figures were published by the Michigan Department of Treasury / State Treasurer in the January 30, 2026 notice.

We retain forensic economists and life-care planners to build comprehensive economic damage models that maximize recovery when the noneconomic cap applies.

In Michigan medical malpractice cases, a standard-of-care expert must be a licensed health professional and must meet the statute's same-specialty, board-certification, and recent-practice or instruction requirements where they apply.

Getting the right expert is a threshold issue in Michigan medical malpractice litigation. A case can be seriously damaged or dismissed if the required expert does not match the defendant's health profession or specialty under the statute.

We identify the correct defendant specialty and retain qualified medical experts early so expert-qualification issues do not derail an otherwise viable case.

When filing a medical malpractice lawsuit, the plaintiff generally must file an Affidavit of Merit signed by a health professional the attorney reasonably believes meets the expert-witness requirements. The affidavit must address standard of care, breach, what should have been done or omitted, and proximate cause.

This procedural requirement can affect whether and when a malpractice case can proceed. The statute allows limited extensions in specific circumstances, so the affidavit issue must be reviewed before filing.

We obtain Affidavits of Merit from appropriately qualified experts before filing medical malpractice lawsuits, and we review whether any statutory extension applies when records are delayed.

Medical malpractice claims in Michigan generally use a 2-year limitations period under MCL 600.5805(8), with separate accrual, 6-month discovery, repose, minor, NOI-tolling, and fraudulent-concealment rules that can affect the final deadline.

Two years moves quickly, especially when you're still treating and focused on recovery. Waiting too long — even a few months — can permanently bar your malpractice claim regardless of merit.

We calendar malpractice limitation deadlines the moment a case is first evaluated and begin expert consultation and Notice of Intent drafting immediately.

MCL 600.5838 governs accrual for certain non-medical professional malpractice claims unless section 5838a or 5838b applies. Medical malpractice has its own accrual rule in MCL 600.5838a.

This statute matters because not all malpractice claims use the same accrual rule. Applying the wrong malpractice statute can lead to a bad deadline calculation.

We identify whether a claim is medical malpractice, non-medical professional malpractice, or another negligence claim before calculating deadlines.

Medical malpractice claims generally accrue at the act or omission that is the basis for the claim, regardless of when the plaintiff discovers the claim. The statute includes a 6-month discovery period, but generally bars claims more than 6 years after the act or omission, subject to statutory exceptions including minor-specific rules, reproductive-injury rules, and fraudulent concealment.

If a medical error occurred more than 6 years ago, your claim may be permanently barred, but the exceptions must be checked before any final conclusion. Time is critical.

We evaluate every malpractice case immediately for repose issues and advise clients honestly about whether their claim is still viable before investing in costly expert review.

Special timing rules apply to medical malpractice claims involving minors. If the malpractice claim accrues before the child's eighth birthday, the action generally must be commenced by the child's tenth birthday or within the period provided by MCL 600.5838a, whichever is later. For reproductive-system injury claims accruing before age 13, the deadline generally runs to the child's fifteenth birthday or the MCL 600.5838a period, whichever is later.

Birth injury and pediatric malpractice cases involve age-based statutory deadlines, the general malpractice limitations period, discovery issues, and repose issues. Missing these deadlines is catastrophic for families.

We handle birth injury and pediatric malpractice cases and are intimately familiar with the specific rules that apply to minor clients, including when the repose period can override tolling.

When a medical-malpractice NOI is given under MCL 600.2912b, MCL 600.5856(c) tolls the limitations or repose period if the claim would otherwise be barred during that notice period. The tolling is limited to the number of days remaining in the applicable notice period after notice is given.

This tolling provision prevents the unfair result of a malpractice plaintiff losing their case while they're legally required to wait before filing suit.

We manage the NOI tolling calendar precisely to ensure no deadline is missed between service of the notice and filing of the complaint.

MCL 600.6304 tells the jury or court how to allocate fault and damages in personal injury and wrongful death cases. For medical malpractice claims, the statute includes special rules: if the plaintiff is without fault, defendants may be jointly and severally liable; if the plaintiff has fault, an uncollectible share may be reallocated after judgment under the statute.

In multi-defendant malpractice cases involving a hospital, surgeon, anesthesiologist, nurses, or other providers, fault allocation and collectability can affect the actual recovery. Identifying all liable parties and coverage matters early.

We identify all potentially liable parties, evaluate plaintiff-fault issues, and preserve the record needed for allocation or collectability arguments under the statute.