Michigan Medical Malpractice FAQ

Medical malpractice generally involves professional health care that fell below the applicable standard of practice or care and more probably than not caused injury. A poor outcome by itself does not automatically establish malpractice.

Michigan medical malpractice claims are generally subject to a two-year limitations period, with a six-month discovery rule in certain circumstances and other exceptions. A 182-day notice process can also affect timing. Because deadlines are highly fact-specific, prompt legal review is important.

These cases commonly require qualified medical expert review. Michigan law also generally requires an affidavit of merit signed by a health professional who meets statutory expert-witness requirements to be filed with the complaint.

Michigan adjusts statutory limits on noneconomic damages annually. For 2026, the State Treasurer certified a standard limit of $596,400 and a higher limit of $1,065,000 for certain statutory permanent injuries. Other categories of damages are governed by separate rules.

No. Submitting a website form requests a case review only. An attorney-client relationship is created only through a written engagement agreement accepted by the law firm.

MCL 600.2912b generally requires written notice to a health professional or facility at least 182 days before a medical malpractice action is commenced, subject to statutory exceptions.

Michigan law generally requires the complaint to be accompanied by an affidavit from a health professional who addresses the standard of care, breach and causation and whom counsel reasonably believes meets statutory expert qualifications.

Continue necessary medical care, preserve records and communications, write a factual timeline, avoid altering documents, and obtain legal advice early enough to analyze the filing deadline and expert-review requirements.

It is usually prudent to avoid public speculation about an active legal matter. Social-media content can be preserved, requested and used in litigation.

Fee arrangements depend on the law firm and case. Many plaintiff-side injury matters use contingency fees, but costs, percentages and responsibilities should be confirmed in the written engagement agreement.