A Michigan medical malpractice claim must generally be started within two years of the negligent act, or within six months after you discovered or should have discovered it, whichever is later. Before you can sue, you must serve a notice of intent on each provider and wait 182 days. The lawsuit must be filed with an affidavit of merit signed by a qualified health professional. Pain and suffering damages are capped; for 2026 the cap is $596,400, or $1,065,000 for certain catastrophic injuries.
What a malpractice claim requires
A bad outcome is not malpractice on its own. You must show that a health professional or facility breached the applicable standard of care, and that the breach was the proximate cause of your injury. In practice, both points are proven with testimony from a qualified physician or other professional in the same field. That is why these cases begin with a medical record review before anything is filed.
Deadlines
| Rule | What it says | Source |
|---|---|---|
| Two-year limit | The general limitation period for malpractice is two years. | MCL 600.5805(8) |
| When the clock starts | The claim accrues at the time of the act or omission, regardless of when you learn of it. | MCL 600.5838a(1) |
| Six-month discovery rule | You may file within six months after you discovered, or should have discovered, the claim, if that is later than the two-year date. You carry the burden of proving you did not and should not have discovered it earlier. | MCL 600.5838a(2) |
| Six-year outer limit | Except for fraudulent concealment, reproductive injuries and certain claims of minors, no action may be filed more than six years after the act or omission. | MCL 600.5838a(2) |
| Young children | For a child injured before age 8, the action may be filed until the child’s 10th birthday, if that is later than the normal deadline. | MCL 600.5851(7) |
The “should have discovered” standard is applied strictly. Once you have reason to suspect a treatment problem caused your injury, assume the six-month clock may be running.
The 182-day notice of intent
You cannot file a malpractice lawsuit until you have given each health professional or facility written notice at least 182 days in advance (MCL 600.2912b(1)). The notice must state:
- The factual basis for the claim.
- The standard of practice or care that applies.
- How that standard was breached.
- What should have been done to comply with it.
- How the breach caused the injury.
- The names of every professional and facility being notified.
Each provider then has 154 days to send a written response setting out its defense. If no response arrives in that time, you may file when the 154 days end (MCL 600.2912b(7)-(8)). In some situations involving a newly identified defendant, the notice period is shortened to 91 days (MCL 600.2912b(3)).
If the limitation period would expire during the notice period, serving a proper notice tolls it. The tolling is limited to the number of days left in the notice period after the notice is given (MCL 600.5856(c)). A defective or late notice can leave a claim time-barred.
Affidavit of merit
The complaint must be filed with an affidavit of merit signed by a health professional whom your attorney reasonably believes meets Michigan’s requirements for an expert witness (MCL 600.2912d(1)). If good cause is shown, the court may allow an additional 28 days to file it (MCL 600.2912d(2)). Your medical records must be gathered and reviewed well before the filing date so the affidavit can be obtained in time.
Damages and the noneconomic cap
Economic damages, such as past and future medical expenses and lost wages, are not capped. Noneconomic damages, such as pain and suffering, are capped under MCL 600.1483. The cap applies to the total recoverable by all plaintiffs from all defendants and is adjusted each year by the State Treasurer for inflation.
| 2026 cap | Applies to |
|---|---|
| $596,400 | Most malpractice claims |
| $1,065,000 | Claims where the malpractice caused hemiplegia, paraplegia or quadriplegia with total permanent loss of function of one or more limbs; permanently impaired cognitive capacity that leaves the person unable to make independent decisions or perform normal daily activities; or permanent loss of or damage to a reproductive organ resulting in inability to procreate |
The Department of Treasury published these figures on January 30, 2026, for the 2026 calendar year. Damages are also reduced by any comparative fault assigned to the patient (MCL 600.2959).
What you can do now
- Request complete copies of your records from every provider involved, including imaging and nursing notes.
- Write down a timeline: dates of treatment, what you were told and when you first suspected something went wrong.
- Keep bills, insurance statements and records of missed work.
- Get follow-up care from a different provider if you need it.
- Talk to a lawyer early. The 182-day notice has to fit inside the limitation period.
Two years, six months, 182 days. A malpractice action generally must be filed within two years of the act or omission, or six months after discovery if later, and the notice of intent must be served at least 182 days before filing. Missing either can end the case.
If a death resulted, see wrongful death claims. Fees are explained on how our fees work. Contact us to have your situation reviewed.
Sources: MCL 600.1483; MCL 600.2912b; MCL 600.2912d; MCL 600.2959; MCL 600.5805(8); MCL 600.5838a; MCL 600.5851(7); MCL 600.5856(c); Michigan Department of Treasury, Limitation on Noneconomic Damages notice (January 30, 2026).
Questions people ask us
How long do I have to file a medical malpractice case in Michigan?
Generally two years from the act or omission, or six months after you discovered or should have discovered the claim, whichever is later. With limited exceptions, no case can be filed more than six years after the act or omission. The 182-day notice of intent must also fit inside those deadlines.
What is a notice of intent?
It is a written notice that must be served on each doctor or facility at least 182 days before a malpractice lawsuit is filed. It states the facts, the standard of care, how it was breached, what should have been done and how the breach caused the injury.
Is there a cap on medical malpractice damages in Michigan?
Yes, on noneconomic damages such as pain and suffering. For 2026, the Michigan Department of Treasury set the cap at $596,400, or $1,065,000 for certain catastrophic injuries. Economic damages such as medical bills and lost wages are not capped.
Do I need a doctor to support my case before filing?
Yes. Michigan requires an affidavit of merit, signed by a qualified health professional, to be filed with the complaint. Without one, the case is subject to dismissal.