What Is the Statute of Limitations for Medical Malpractice in Michigan?
In Michigan, the statute of limitations for medical malpractice is generally 2 years under Mich. Comp. Laws § 600.5838a.
Medical malpractice Deadlines in Michigan
How long do you have to file a medical malpractice claim in Michigan?
In Michigan, the statute of limitations for medical malpractice is generally 2 years under Mich. Comp. Laws § 600.5838a. The full rule is: 2 Years (6-yr repose).
When does the clock start for medical malpractice in Michigan?
Two years from the act or omission, or six months from when the claimant discovered or should have discovered the claim — whichever is later.
Can the Michigan deadline for medical malpractice be extended?
A six-year statute of repose bars claims regardless of discovery. A 182-day notice of intent must be served before filing, and proper service tolls the period while pending. An affidavit of merit is required. For a child injured before age eight, the action may be brought up to the child's tenth birthday.
Is the deadline different if the claim is against the government in Michigan?
Often, yes. Written notice within 120 days for highway defect claims under Mich. Comp. Laws § 691.1404. Section 691.1404 requires written notice within 120 days of the injury for a claim arising from a defective highway, specifying the exact location and nature of the defect, the injury sustained, and the names of known witnesses. Other categories of claim again…
How does Michigan compare to other states for medical malpractice?
Michigan's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Michigan:
