Michigan · Medical Malpractice
Michigan medical malpractice damage caps and statute of limitations
Refreshed 2026. ~$596,400 (2026) damage cap. 2 years from act or omission OR 6 months from discovery, whichever is later. Full breakdown below.
Damage caps
MI Comp. Laws § 600.1483Non-economic damages cap
~$596,400 (2026)
Total damages cap
None
Status
active
Notes
Two-tier system adjusted annually for inflation. Standard cap: ~$596,400. Catastrophic injury cap: ~$1,065,000 (brain damage causing cognitive impairment, loss of reproductive organ, permanent impairment of vital body function). Wrongful death subject to same caps.
Statute of limitations
MI Comp. Laws § 600.5805(8); § 600.5838aStandard SOL
2 years from act or omission OR 6 months from discovery, whichever is later
Discovery rule
Yes; 6 months from discovery, but subject to repose
Statute of repose
6 years from act or omission
Minor exception
For children under 8: SOL extended until child's 10th birthday. For minors 8+: standard rules apply.
Wrongful death SOL
2 years from appointment of personal representative, within 3 years after SOL on underlying claim expires
Notes
Notice of intent to file claim required (182 days before suit) under MCL 600.2912b, which tolls SOL. Affidavit of merit from qualified expert required at filing under MCL 600.2912d. Discovery period is unusually short at 6 months.
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Michigan med-mal FAQ
What is the medical malpractice statute of limitations in Michigan?+
2 years from act or omission OR 6 months from discovery, whichever is later. Yes; 6 months from discovery, but subject to repose Statute of repose: 6 years from act or omission. Wrongful death: 2 years from appointment of personal representative, within 3 years after SOL on underlying claim expires. Notice of intent to file claim required (182 days before suit) under MCL 600.2912b, which tolls SOL. Affidavit of merit from qualified expert required at filing under MCL 600.2912d. Discovery period is unusually short at 6 months. Source: MI Comp. Laws § 600.5805(8); § 600.5838a.
Does Michigan have a medical malpractice damage cap?+
Non-economic cap: ~$596,400 (2026). Two-tier system adjusted annually for inflation. Standard cap: ~$596,400. Catastrophic injury cap: ~$1,065,000 (brain damage causing cognitive impairment, loss of reproductive organ, permanent impairment of vital body function). Wrongful death subject to same caps. Source: MI Comp. Laws § 600.1483.
How does Michigan handle the discovery rule in med-mal cases?+
Yes; 6 months from discovery, but subject to repose
What is the Michigan minor exception for medical malpractice?+
For children under 8: SOL extended until child's 10th birthday. For minors 8+: standard rules apply.
What is the wrongful death statute of limitations for Michigan medical malpractice?+
2 years from appointment of personal representative, within 3 years after SOL on underlying claim expires
Other state lookups
This tool is informational. It is not legal advice. Michigan damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Michigan attorney before relying on a deadline. Data refreshed May 2026.