Medical Malpractice Rules in Michigan

Two years for malpractice, with the claim accruing at the time of the act or omission (not discovery). A claim may also be filed within 6 months after the patient discovers or should have discovered it, if later, but no later than 6 years after the act or omission (with exceptions for minors, fraudulent concealment and loss of a reproductive organ). A wrongful death claim based on malpractice may be filed by the personal representative within 2 years after letters of authority are first issued, but no later than 3 years after the limitation period ran.

Yes. Total noneconomic damages for all plaintiffs against all defendants may not exceed a base amount of $280,000, or $500,000 if the patient is hemiplegic, paraplegic or quadriplegic from brain or spinal cord injury, has permanently impaired cognitive capacity, or has permanent loss of or damage to a reproductive organ causing inability to have children. These limits are adjusted every year by the State Treasurer for inflation, so the current amounts are higher. Economic damages are not capped.