Understanding the Statute of Limitations for Medical Malpractice in Michigan
Time is not on your side when it comes to filing a medical malpractice lawsuit in Michigan. If you or a loved one has suffered due to a doctor’s negligence, it’s important to understand the medical malpractice statute of limitations.
Michigan law places strict deadlines on when an injured person can file a medical malpractice claim, and missing these deadlines can mean losing the chance to seek compensation for medical bills, lost wages, pain and suffering damages, and more.
At Lipton Law, our Michigan medical malpractice attorneys help clients in Southfield and the surrounding areas hold negligent healthcare providers accountable. We will help you file a medical malpractice claim before the statute of limitations expires and fight for justice on your behalf.
Call (248) 557-1688 or contact us online to schedule a free consultation today.
Michigan Medical Malpractice Laws
Michigan medical malpractice laws define the rights of injured patients and establish the process for pursuing a medical malpractice lawsuit. State law imposes strict deadlines for filing a medical malpractice claim, as well as the steps required before taking legal action, and the potential compensation you may recover.
Below, we explain key aspects of medical malpractice claims in Michigan, including the statute of limitations, the discovery rule, and the limits on pain and suffering damages.
What Is the Statute of Limitations on Medical Malpractice Claims in Michigan?
The Michigan statute of limitations for medical malpractice is generally two years from the date the malpractice occurred. However, if a patient does not immediately realize they were harmed, they have six months from when they discover, or should have discovered, the medical mistake to file a medical malpractice claim.
In addition, Michigan has a six-year repose period, which prevents any lawsuit from being filed more than six years after the negligent act, regardless of when the patient discovers the injury.
There are only two exceptions to the statute of repose: if the healthcare provider engaged in fraudulent conduct to hide the mistake or if the patient suffered a permanent loss due to cognitive impairment, paralysis, or damage to a reproductive organ that prevents them from having children.
Because these deadlines are strict, it’s important to speak with our Michigan medical malpractice attorneys as soon as possible to avoid losing your right to seek compensation.
The Discovery Rule on Medical Malpractice Claims
Although Michigan’s statute of limitations sets a time limit of two years for medical malpractice claims, the discovery rule provides victims some extra time to file their claim. In many cases, it’s not immediately apparent that the patient suffered an injury or that a medical professional committed malpractice.
If a patient discovers the injury later, they have six months from the date of discovery to take legal action. This is true, even if the injury occurred more than 2 years prior. However, the discovery rule does not apply to malpractice that occurred more than 6 years prior, with certain exceptions.
Notice of Intent to Sue for Malpractice
Before filing a medical malpractice claim in Michigan, the claimant must send a Notice of Intent to File Suit (NOI) to the medical providers being sued. This notice must be in writing and served at least 182 days before the lawsuit is officially filed.
Once the NOI is served, it temporarily pauses the two-year statute of limitations for 182 days, giving the claimant time to file a lawsuit. However, if the NOI does not meet all Michigan statutory requirements, this pause is voided, and the case could be dismissed.
In addition to the Notice of Intent, the claimant must submit an affidavit of merit signed by a medical expert who is qualified under state law. This health care professional must work in the same specialty as the defendant and have the same board certification.
The affidavit explains the appropriate standard of care, how the healthcare provider failed to meet that standard, and how this negligent act caused harm to the patient.
Recovery Caps on Medical Malpractice Damages
When a patient wins a medical malpractice lawsuit, they may receive compensation for their losses. While there are no limits on the amount a person can recover for economic damages in Michigan, there are caps on non-economic damages. These recovery caps are adjusted each year according to inflation.
Does Michigan Have Medical Malpractice Recovery Caps?
Yes and no. Michigan law limits the amount a patient can receive for non-economic damages in a medical malpractice lawsuit. These damages cover losses that are difficult to measure, such as pain and suffering, emotional distress, and reduced quality of life.
However, there is no limit on economic damages, meaning victims can recover the full amount for medical care expenses, lost income, and other financial losses caused by the negligent act.
Each year, the cap is adjusted for inflation. As of 2025, the cap for non-economic damages is $586,300. However, for specific permanent disabilities, it increases to $1,047,000.
Who Is Responsible in a Medical Malpractice Case?
Doctors are not the only ones who can be held responsible in a medical malpractice claim. Other medical professionals, such as dentists, nurses, pharmacists, technicians, and therapists, can be held accountable if their mistakes cause harm. In some cases, hospitals or medical facilities may also be sued for medical malpractice if their policies or training contributed to the injury.
Determining who is at fault can be challenging, so it’s important to consult experienced medical malpractice lawyers in Michigan. A skilled attorney from Lipton Law can help gather critical evidence, including medical records, proof of financial losses, documentation of non-economic damages, and expert testimony to support your case.
The 4 D’s of Negligence
To prove a medical malpractice claim, four key elements must be established. These are known as the 4 D’s of negligence:
- Duty – A doctor-patient relationship must exist, meaning the medical professional had a legal responsibility to provide the patent with proper care.
- Deviation – The healthcare provider failed to follow the accepted standard of care. This means they made a medical mistake or acted in a way that other trained professionals would not have.
- Damages – The patient suffered harm as a result of the negligent act. These can include medical bills, lost wages, pain and suffering damages, and other losses.
- Direct Cause – The injury occurred because of the provider’s mistake. It must be shown that the harm would not have happened if the proper medical care had been given.
Common Types of Medical Malpractice Cases
Our law firm handles a wide range of medical malpractice cases in Michigan. Here are the most common forms of medical malpractice that we see:
- Birth injuries
- Brain and spinal cord injuries
- Failure to diagnose
- Delayed diagnosis
- Misdiagnosis
- Surgical errors
- Anesthesia malpractice
- Medication errors
- Emergency room errors
- Failing to order tests
- Misinterpretation of test results
Why Do I Need a Michigan Medical Malpractice Lawyer?
Filing a medical malpractice claim can be challenging, but having the right legal support can make a big difference in securing the compensation you deserve. Our team of medical malpractice attorneys in Michigan has extensive experience handling these types of personal injury cases.
In some med mal claims, medical professionals or hospitals attempt to cover up their mistakes, making it even harder to prove that negligence occurred. These fraudulent concealment situations require a knowledgeable attorney who can gather extensive evidence to demonstrate negligence and fight for your rights.
Working with an experienced Michigan doctor malpractice attorney ensures your case is handled correctly, giving you the best chance to recover damages for your losses.
Examples of Medical Malpractice Settlements in Michigan
If you’re thinking about filing a medical malpractice claim, you probably have many questions. How much is my medical malpractice claim worth? How can a lawyer help? The answers depend on the specifics of your case, including the extent of your injury and the financial losses you’ve suffered.
In a successful medical malpractice case, you could be awarded compensation for the following:
- Current and future medical treatment costs
- Medication costs
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Disfigurement or scarring
- Permanent disability or paralysis
In cases of wrongful death, family members can file a claim for the above expenses and funeral and burial expenses.
Why Choose Lipton Law?
When choosing a medical malpractice lawyer in Southfield, MI, you want to choose one that has the experience and knowledge necessary to handle such a case. In addition to having a team of dedicated medical malpractice lawyers, we actually have medical professionals on board with us. We employ multiple nurses who aid us in reviewing medical malpractice cases.
Additionally, we have a long track record of successful case results for our clients and have helped victims of medical malpractice recover millions of dollars in compensation. We will fight for your right to financial recovery from the very beginning and until the very end.
Settlements We’ve Reached For Our Clients
At Lipton Law, we’re proud to have helped countless clients recover compensation for their medical malpractice claims. We’ve helped clients recover:
- $10.5 million in a class action settlement, after a local pain clinic injected patients with contaminated steroids
- $3.15 million, after medical professionals failed to properly diagnose a woman’s breast cancer
- $2.9 million, after medical professionals failed to treat a man’s aortic aneurysm, leading to his death
- $2.3 million, after an emergency department physician failed to recognize or treat a stroke on a timely basis
- $1.9 million, after a medical facility failed to treat a man’s spinal cord injury, leaving him paralyzed
- $1.25 million, after medical professionals performed an unnecessary bowel revision following an emergency appendectomy
- $860 thousand, after medical professionals injected a woman with medications in the wrong limb, leading to her death
- $700 thousand, after a urologist burned a man during a prostate procedure
Contact the Michigan Medical Malpractice Attorneys at Lipton Law Today
A negligent healthcare provider can cause you a great deal of harm and affect so many aspects of your life. You may be struggling with medical debt, ongoing pain, and uncertainty about what comes next. At Lipton Law, we understand the challenges you are facing. We are here to help you get the compensation you deserve.
Taking legal action can feel overwhelming, but waiting too long could mean losing your right to file a lawsuit. Our experienced medical malpractice lawyers in Michigan will ensure your case is filed before the statute of limitations expires.
Let us handle the legal process while you focus on healing. Call (248) 557-1688 or contact us online to schedule a free consultation today.