An individual who suffers medical malpractice in Michigan must file within the statutory period or lose his or her cause of action. Any contributory action on the plaintiff's part will not bar recovery, but the damages will be reduced proportionately. The plaintiff has the burden of proof that the injury more probably than not was proximately caused by the defendant(s) negligence.
Statute of Limitations
600.5805(6)
Except as otherwise provided in this chapter, the period of limitations is 2 years for an action charging malpractice
600.5838a
Except as provided elsewhere, an action involving a claim based on medical malpractice may be commenced within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later. However, the claim shall not be commenced later than 6 years after the date of the act or omission that is the basis for the claim.
Damages
600.1483 Action for damages alleging medical malpractice; limitation on noneconomic damages; exceptions
In an action for damages alleging medical malpractice by or against a person or party, the total amount of damages for noneconomic loss recoverable by all plaintiffs, resulting from the negligence of all defendants, shall not exceed $280,000.00 unless, as the result of the negligence of one or more of the defendants, one or more of the following exceptions apply as determined by the court pursuant to section 6304, in which case damages for noneconomic loss shall not exceed $500,000.00:
- The plaintiff is hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of one or more limbs caused either by an (i) injury to the brain or (ii) to the spinal cord.
- The plaintiff has permanently impaired cognitive capacity rendering him or her incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living.
- There has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate.
Evidence and Liability
600.2912a(2) Burden of Proof
In an action alleging medical malpractice, the plaintiff has the burden of proving that he or she suffered an injury that more probably than not was proximately caused by the negligence of the defendant or defendants.
600.2956 Several and joint liability.
An action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each defendant for damages is several only and is not joint.
600.2958 Plaintiff's contributory fault not as bar to recovery of damages.
Subject to section 2959, in an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, a plaintiff's contributory fault does not bar that plaintiff's recovery of damages.
600.2959 Comparative fault; reduction of damages.
In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the court shall reduce the damages by the percentage of comparative fault of the person upon whose injury or death the damages are based. If that person's percentage of fault is greater than the aggregate fault of the other person or persons, whether or not parties to the action, the court shall reduce economic damages by the percentage of comparative fault of the person upon whose injury or death the damages are based as provided in section 6306, and noneconomic damages shall not be awarded.
Consult with a Medical Malpractice Attorney
If you suffered injury in Michigan due to medical malpractice, you may have a cause of actions to recover for economic and non-economic loss. Excluding specific exceptions, Michigan caps non-economic losses at $280,000. Talk with an attorney experienced with Michigan's medical malpractice laws to discuss the details of your case.
