Michigan’s medical malpractice laws allow those who have been injured by the negligent acts, or the negligent omission of action, of health care professionals who do not exhibit the standard level of care evident in the medical community to file a lawsuit to receive compensation for their injuries and suffering. In addition, if there is blatant or reckless negligence, the court may award punitive damages to the victim in order to deter these actions by the medical professional. In addition, all states have laws limiting the time in which a victim may file those charges. Those statute of limitations laws vary by state, but Michigan general requires the victim to file within 2 years of the injury, although there are a number of exceptions.
Time Limits for Filing a Claim
While the standard statute of limitations for medical malpractice suits in Michigan is 2 years, if the injury was not discovered immediately, the victim has 6 months after they discover, or reasonably should have discovered, the injury to file suit; however, the suit cannot be filed more than 6 years after the original injury. If the medical malpractice resulted in the wrongful death of the patient, suit must be filed within 3 years of the patient’s death. Minors who are injured due to medical malpractice have specific limitations. Minors younger than 8 years old must file by their 10th birthday or within 2 years of the injury, whichever period is longer. Reproductive injuries to minors 13 years of age or younger must file medical malpractice claims before their 15th birthday or within the 2-year Michigan statute of limitations, whichever period is longer. In all other general medical malpractice cases for minors under 18, the minor must file within the year following their 18th birthday, but no more than 2 years after the initial injury.
Negligence Laws
Negligence is the error a health care provider is guilty of when they are charged with the formal title of medical malpractice. It can include an incorrect diagnosis, wrong actions in treating the case, which cause injury, or inaction that causes undue additional suffering or injury. Under Michigan law, a medical professional who is guilty of medical malpractice can be sued in civil court to recover damages or punitive compensation. Michigan has additional laws that require all cases of medical malpractice, or suspected medical malpractice, to be reported to medical review entities. The Department of Community Health must also receive reports of any disciplinary action imposed upon health care professionals. For other statutes concerning negligence in the state of Michigan, see the chart below.
| Code Section | None |
| Comparative Negligence | For economic damages, any award is reduced proportionately to the plaintiff's percentage of negligence even if it is greater than 50%. In the case of non-economic damages, for negligence greater than 50% any recovery of damages is prohibited. (§600.2959) |
| Contributory Negligence-Limit to Plaintiff's Recovery | None applicable |
| Contribution Among Tortfeasors | Yes; 600.2925c |
| Uniform Act | None applicable |
Award Limits in Michigan
Michigan has enacted award limits, or caps, in the amount of $500,00 for non-economic damages. That amount, however, is subject to annual adjustments to reflect the rate of inflation.
Legal Help
Medical malpractice lawsuits have become highly complex and technical legal proceedings. Because of the need to understand the standard practices of care in the medical community, as well as the need to locate and call expert witnesses to testify, these cases are becoming more and more difficult to pursue without the help of an experienced attorney in this field. Even within the field of medical malpractice, there are lawyers who specialize. It is important to take the time to find an attorney who is skilled in your specific area of need to ensure the best possible outcome.
