MI · Health & Medical

Health & Medical in Michigan

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Michigan Law

Michigan Compiled Laws Section 600.5838a

Michigan requires medical malpractice claims to be filed within two years of the act or omission, or within six months of when the patient knew or should have known of the injury, under MCL § 600.5838a, with a six-year absolute repose period.

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Procedural Details in Michigan

Michigan requires plaintiffs to file a notice of intent to file a medical malpractice claim at least 182 days before filing the lawsuit under MCL § 600.2912b. This notice tolls the limitations period for 182 days. Michigan also requires plaintiffs to file affidavits of merit signed by a qualified expert with the complaint under MCL § 600.2912d. Michigan caps non-economic damages in medical malpractice at approximately $471,200 for cases not resulting in permanent or serious impairment, and $842,900 for cases involving permanent and serious impairment (adjusted annually). Michigan applies modified comparative fault (51% bar). The Michigan Board of Medicine investigates complaints.

Michigan Agencies & Resources

Michigan Department of Licensing and Regulatory Affairs — Bureau of Professional Licensing

Licenses and disciplines physicians in Michigan through the Michigan Board of Medicine; investigates complaints.

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Michigan Department of Health and Human Services

Oversees hospital licensing and patient safety regulations in Michigan.

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Michigan Department of Insurance and Financial Services

Regulates health insurance and handles consumer complaints in Michigan.

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Frequently Asked Questions

What is the statute of limitations for medical malpractice in Michigan?

Michigan Code § 600.5838a provides two years from the act or six months from discovery (whichever is later, but no more than six years from the act). Critically, Michigan requires a 182-day pre-suit notice under § 600.2912b before filing, which tolls the limitations period during that window.

What is Michigan's 182-day pre-suit notice requirement?

Under MCL § 600.2912b, plaintiffs must provide written notice of intent to file a malpractice claim to each prospective defendant at least 182 days before filing the lawsuit. The notice tolls the statute of limitations for 182 days. Affidavits of merit from a qualified expert must also accompany the complaint at filing.

What are Michigan's non-economic damage caps in malpractice cases?

Michigan caps non-economic malpractice damages at approximately $471,200 for cases without permanent serious impairment, and approximately $842,900 for cases with permanent serious impairment (amounts adjusted annually). Economic damages are uncapped.

How do I file a complaint against a doctor in Michigan?

Complaints against physicians may be filed through the Michigan Department of Licensing and Regulatory Affairs (LARA) at michigan.gov/lara. The Bureau of Professional Licensing investigates and may discipline, suspend, or revoke licenses. Board actions are independent of civil litigation.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026