Link to State Law: Michigan Statutes
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Michigan state law, contact an experienced attorney.
Statute of Limitations: Medical malpractice actions in Michigan must be filed within two years of the injury, or within six months of discovery to a maximum of six years following the date of the act or omission giving rise to the injury. When a case involves a minor under the age of eight, the statute begins to run on the minor's 10th birthday or within the two-year medical malpractice statute of limitations, whichever time period is greater. If the case involves a minor under the age of 13 who suffers an injury to the reproductive system, the statute begins to run on the minor's 15th birthday or within the general two-year statute of limitations, whichever time period is greater.
Minimum Qualifications of Expert Witnesses: In order to be a medical malpractice expert witness in a medical malpractice case, the individual must be a licensed health care professional who specialized in the same specialty as the defendant at the time of the occurrence underlying the complaint. The expert witness must also have any board certifications that the defendant has.
Limitations on Monetary Damages: Non-economic damages for medical malpractice cases are limited to $500,000.00, subject to annual adjustment for inflation.
Limitations on Attorney Fees: Contingency fees in personal injury and wrongful death cases in Michigan are limited by rule to one third of the amount recovered.