Medical Malpractice Statute of Limitations in Michigan

Last verified 2026-07 · Source: MCL § 600.5838a (medical-malpractice accrual/limitations); MCL § 600.5805(8) (2-year period) ✓ verified · 3 sources

If you're researching medical malpractice claims in Michigan, the single most important number is 2 years. That's how long MCL § 600.5838a (medical-malpractice accrual/limitations); MCL § 600.5805(8) (2-year period) gives you to file a medical malpractice claim, counted from the date of the act or omission that is the basis for the claim, or the date the plaintiff discovers or should have discovered the claim, whichever is later. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.

Michigan Deadlines for Related Claims

When the Clock Starts

In Michigan, the limitations period for medical malpractice claims generally begins on the date of the act or omission that is the basis for the claim, or the date the plaintiff discovers or should have discovered the claim, whichever is later. Michigan recognizes a discovery rule for this claim type: Suit may be filed within 2 years of the act or within 6 months of discovering (or when the plaintiff should have discovered) the claim, whichever is later, but a 6-year statute of repose is the absolute outer limit — with no repose bar for fraudulent concealment or for loss of reproductive-organ function.

Exceptions That Can Extend the Deadline

• Minors: the clock is generally paused while the injured person is under 18.
• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.
• Government-claim trap: A suit against a State-operated hospital must be brought in the Court of Claims, with written notice of intention to file (or the claim itself) submitted within 1 year of the event (MCL § 600.6431).
• Damage caps: Noneconomic damages capped at $596,400 in 2026 (higher tier $1,065,000 for enumerated permanent injuries such as paralysis, cognitive loss, or loss of reproductive function), adjusted annually for inflation (MCL § 600.1483; 2026 Treasury certification).

The plaintiff must serve a 182-day pre-suit notice of intent (MCL § 600.2912b) and file an affidavit of merit signed by a qualifying health-care expert with the complaint (MCL § 600.2912d).

Source: MCL § 600.5838a (medical-malpractice accrual/limitations); MCL § 600.5805(8) (2-year period), official Michigan statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for Michigan government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Michigan Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Michigan attorney.