The deadline is not one simple date
Michigan medical malpractice timing can involve several statutes at once. A claim generally accrues at the time of the act or omission that is the basis for the claim. The usual limitations period is two years, but the discovery rule and other savings provisions can change the filing window. A separate period of repose generally limits how late a claim can be brought.
Why exact notice timing matters
In 2026, the Michigan Court of Appeals again emphasized that a medical malpractice complaint filed before the applicable notice waiting period expired did not properly commence the action. That is one reason deadline calculations should be done from the actual treatment dates, discovery facts, notice date and parties involved.
Frequently Asked Questions
What is the basic Michigan medical malpractice statute of limitations?
A medical malpractice action is generally subject to a two-year limitations period after the claim accrues, subject to discovery, repose, death, minority and other statutory rules.
What is Michigan’s six-month discovery rule?
In certain circumstances, an action may be filed within six months after the plaintiff discovers or should have discovered the existence of the claim, subject to statutory requirements and the period of repose.
What is the medical malpractice statute of repose?
Michigan generally bars a medical malpractice action more than six years after the act or omission, subject to specific statutory exceptions.
Does the 182-day notice extend the deadline?
A compliant notice of intent can toll a limitations or repose period in circumstances described by MCL 600.5856(c), but the calculation is technical and a late or defective notice may not preserve a claim.
Can I wait until the last month to contact a lawyer?
That is risky. Medical records, expert review, notice drafting and affidavit preparation take time, and recent Michigan appellate decisions show that filing even slightly too early or too late can be fatal to a claim.