Medical malpractice is unusual because filing a complaint is not always the first formal legal step. MCL 600.2912b generally requires a detailed Notice of Intent to the health professional or facility before suit.
The notice must say more than “we plan to sue”
The statute requires specified information about the factual basis, applicable standard, alleged breach, what should have been done and how the breach caused the injury.
2026 appellate reminder
In Brooker v Trinity Health Michigan, the Michigan Court of Appeals emphasized that filing a complaint before the applicable notice period expired did not properly commence the action. The practical lesson is simple: medical malpractice timing should be calculated from the actual dates, not estimated from memory.
Frequently Asked Questions
How long is the Michigan medical malpractice Notice of Intent period?
The general waiting period is 182 days, with statutory provisions that can shorten it in specified circumstances.
Can filing too early cause dismissal?
Yes. Michigan appellate decisions have treated premature filing before the applicable notice period expires as a serious defect that can leave a claim time-barred.