Medical Malpractice · Statute of Limitations
Malpractice Lawsuit Deadline in Michigan
How long you have to sue a doctor or hospital for malpractice in Michigan, the statute of limitations, plus when the clock starts, the discovery rule, the statute of repose, and the shorter deadline for suing a public hospital. Cited to the statute.
How the deadline works in Michigan
When the clock starts, whether a discovery rule can delay it, the statute of repose, and the deadlines that differ for particular claims.
| How the clock works | In Michigan | What it means |
|---|---|---|
| Standard deadline | 2 years | The general limitations period to file a medical-malpractice claim. |
| Statute | MCL 600.5805(8); MCL 600.5838a; MCL 600.2912b | The controlling statute for the limitations period. Read the full text through the source link below. |
When it starts
The clock starts at the act or omission, not when you find out. MCL 600.5838a(1) says a medical malpractice claim accrues at the time of the act or omission regardless of when the plaintiff discovers or otherwise has knowledge of the claim. Michigan chose a pure occurrence rule and then bolted a short discovery safety valve onto it, rather than starting the clock at discovery.
Discovery rule Yes
Yes, but it is only six months, not the longer window most states give, and the plaintiff carries the burden. You may sue within six months after you discover or should have discovered the claim, whichever is later than the ordinary period. You must prove you neither discovered nor should have discovered the claim at least six months before the ordinary period expired.
Statute of repose: Applies
Yes. The claim cannot be commenced later than six years after the date of the act or omission. Two circumstances escape that wall entirely, moving the plaintiff into a subsection with no outer cap: discovery prevented by the provider’s fraudulent conduct, or permanent loss of or damage to a reproductive organ resulting in the inability to procreate. There is no foreign-object exception in Michigan.
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Pre-suit notice and affidavit of merit | 182-day notice | Under MCL 600.2912b you cannot commence a malpractice action until at least 182 days after serving a written notice of intent on the provider, and MCL 600.2912d requires an affidavit of merit signed by a qualifying health professional to be filed with the complaint. The two-year clock does not simply stop while you wait, so serve the notice with a comfortable margin. |
| Child under 8 at accrual | To age 10 | Under MCL 600.5851(7), if the claim accrues before the child’s eighth birthday, the action may be brought on or before the tenth birthday or within the ordinary period, whichever is later. A child already 8 when the claim accrues gets only the ordinary period. |
| Reproductive-system injury, child under 13 | To age 15 | Under MCL 600.5851(8), where the claim accrues before the thirteenth birthday and involves an injury to the reproductive system, the deadline extends to the fifteenth birthday, or the ordinary period if that is longer. |
| Death of the injured person | 2 years from letters | Under MCL 600.5852, a personal representative may commence a surviving action within two years after letters of authority issue to the first representative, if the person died before the period ran or within 30 days after. But no action may be commenced later than three years after the ordinary period has run. |
What you can do right now
Concrete, neutral steps if you were harmed by care in Michigan and the clock is running. This is legal information, not legal advice.
- Count two years from the act, not from discovery
Michigan starts the clock on the day of the act or omission, regardless of when you learned of the harm. Write down that date. The six-month discovery extension is narrow and you carry the burden of proving it, so do not rely on it to buy time.
- Serve the notice of intent early
You must serve a written notice of intent and then wait 182 days before you can file, and the two-year clock does not fully stop while you wait. Cases die in this gap. Send the notice with months to spare rather than at the last minute.
- Line up an affidavit of merit
The complaint must be filed with an affidavit of merit from a qualifying health professional. Arranging that expert review takes time, so start it as soon as you suspect malpractice, alongside the notice of intent.
- Talk to a Michigan malpractice attorney before the deadline
The occurrence-based accrual, the six-year repose, its two escapes, and the notice-and-affidavit gates all turn on specific facts. A licensed Michigan attorney can confirm your exact deadline. The State Bar of Michigan can refer you to one.
A malpractice deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ State Bar of MichiganThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Michigan malpractice claimants get wrong
Michigan gives you less calendar time than most states and almost no forgiveness for finding out late. The period is two years, and it runs from the act or omission itself, because MCL 600.5838a(1) says the claim accrues then regardless of when you discover it. If you genuinely could not have known, you get six months from discovery instead, but you carry the burden of proving it, and a six-year wall from the date of the act cuts almost everything off. Only two things break through that wall, and neither is a foreign object left inside you, which is a North Carolina rule that people wrongly transplant to Michigan. The Michigan escapes are the provider fraudulently hiding the claim, and permanent loss of a reproductive organ. On top of the timing, Michigan makes you clear two pre-suit gates: a written notice of intent that forces a 182-day wait before you can file, and an affidavit of merit filed with the complaint. The two-year clock does not simply pause while you wait out the notice period, so the practical deadline is earlier than two years. If your date is anywhere near two years, treat it as firm and get the notice and the expert review moving now.
Common questions
What is the statute of limitations for medical malpractice in Michigan?
Two years from the act or omission under MCL 600.5805(8), or six months from when you discovered or should have discovered the claim if that is later. An outer six-year statute of repose in MCL 600.5838a(2) bars the case regardless of discovery, with two narrow exceptions.
Does Michigan have a discovery rule for malpractice?
A limited one. You may sue within six months after discovering or when you should have discovered the claim, whichever is later than the ordinary period, and you carry the burden of proving you could not have discovered it earlier. It is shorter than most states allow, and the six-year repose still applies.
What is the six-year rule in Michigan malpractice cases?
The claim cannot be commenced more than six years after the act or omission. Two circumstances remove that cap entirely: the provider fraudulently concealing the claim, and permanent loss of or damage to a reproductive organ resulting in the inability to procreate. Michigan has no foreign-object exception.
Do I have to send a notice before suing for malpractice in Michigan?
Yes. Under MCL 600.2912b you must serve a written notice of intent and wait 182 days before filing, and MCL 600.2912d requires an affidavit of merit with the complaint. The two-year clock does not fully stop during the wait, so send the notice well before the deadline.
Is Michigan malpractice different from the ordinary injury deadline?
Yes. Ordinary personal injury runs three years under MCL 600.5805(2). Medical malpractice has its own two-year rule under MCL 600.5805(8), with the six-month discovery valve and six-year repose in MCL 600.5838a. Do not use the three-year injury figure for a malpractice claim.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.