Summary of Michigan Medical Malpractice Law

Statute of Limitations

Michigan medical malpractice claims have a two-year statute of limitations as a general proposition. MCLA 600.5805(5). This rule is rigid but it does bend in rare cases when the medical malpractice is not discovered immediately, and when discovered, the claimant has an additional six months within which to file his claim. MCLA 600.5838a(2). But there is a six year statute of repose. Accordingly, any medical malpractice lawsuit must be filed within six years after the date of the act or omission that is the basis of the medical malpractice lawsuit. MCLA 600.5838a(2).

The exception to the exception is when the Michigan malpractice case involves minors. A minor under age eight has ten years to assert a medical malpractice claim. MCLA 600.5851. But this is a rule that drives Michigan medical malpractice lawyers crazy: if the malpractice occurs after the child has reached age eight, then the child is subject to the same two-year statute of limitations set forth above. MCLA 600.5805(5). Few states have medical malpractice laws with this kind of draconian provision for minors to bring malpractice claims. Unfortunately, Michigan does.

Expert Testimony

Medical malpractice expert witnesses in Michigan must be a licensed health care professionals practicing or teaching in the same specialty as the defendant for whom or against whom he or she testifies. MCLA § 600.2169. Michigan also has a certificate of merit rule that must be signed by a health care professional setting forth (1) the applicable standard of care, (2) the opinion that the defendant breached the applicable standard of care, (3) the actions that should have been taken to avoid a breach of the applicable standard of care, and (3) the manner in which the breach was the proximate cause of plaintiff's injury. MCLA § 600.2912. Most medical malpractice lawyers agree this is a fair rule. But an unfair rule in Michigan is that if a lawsuit that lacks this affidavit is insufficient to prevent the running of the statute of limitations.