Michigan Medical Malpractice Attorneys

At DearLegal, we connect you with experienced Michigan medical malpractice attorneys who know the 182-day Notice of Intent under MCL 600.2912b, the affidavit of merit under MCL 600.2912d, and how to litigate against Beaumont/Corewell Health, Henry Ford Health, Trinity Health Michigan, Michigan Medicine (UMich), and McLaren Health defense teams. Whether your injury happened in Detroit, Ann Arbor, Grand Rapids, or Lansing, we’ll match you with the right attorney — at no cost to get started.

A provider breaches the standard of care of a reasonable provider of the same specialty (or class for general practitioners), and the breach proximately causes injury. Expert testimony is required.

Michigan caps non-economic damages at approximately $537,900 (standard) or $960,500 (higher tier) in 2024, indexed annually under MCL 600.1483. Economic damages are uncapped. The higher tier applies in catastrophic-injury categories.

Physicians, nurses, dentists, hospitals (Corewell Health/Beaumont, Henry Ford Health, Trinity Health Michigan, Michigan Medicine, McLaren, Spectrum Health, Mercy Health), surgery centers, and LTC. Michigan Medicine (UMich) is a state institution subject to sovereign-immunity considerations.

The 2-year SOL runs from the act/omission; an additional 6 months runs from when the plaintiff discovered or should have discovered the claim (MCL 600.5838a). The 6-year statute of repose is an outer limit with foreign-object and fraudulent-concealment exceptions.

Under MCL 600.2912b, the plaintiff must serve a written Notice of Intent to file suit on each defendant at least 182 days before filing the complaint. The notice must detail the factual basis, applicable standard of care, how it was breached, and how the breach caused injury. Defective notices can bar the claim.

Under MCL 600.2912d, the complaint must be accompanied by an affidavit of merit signed by a qualified expert (same specialty under MCL 600.2169) stating the standard of care, how it was breached, and how the breach caused the injury. Failure is grounds for dismissal.

NOI preparation, affidavit-of-merit experts, standard-of-care experts, causation experts, and life-care planners typically push case-cost advances to $75,000–$300,000 in serious cases — typically advanced by the firm on contingency.

Why Do You Need a Medical Malpractice Attorney in Michigan?

Michigan’s medical malpractice procedure is among the most demanding in the country. Before suit can be filed, the plaintiff must serve a Notice of Intent to file suit (MCL 600.2912b) at least 182 days before filing, and the complaint must be accompanied by an Affidavit of Merit signed by a qualified expert (MCL 600.2912d). Non-economic damages are capped under MCL 600.1483 — approximately $537,900 (lower cap) or $960,500 (higher cap) in 2024, indexed annually. The higher cap applies in cases of paraplegia, quadriplegia, severe permanent brain injury, severe cognitive impairment, or reproductive-organ damage in fertile patients. The 2-year SOL (MCL 600.5805) runs from the act, with a 6-year statute of repose and a 6-month discovery rule. Michigan Medicine (UMich) is a state institution with separate considerations.

When Do You Need a Medical Malpractice Attorney in Michigan?

Our network includes Michigan medical malpractice attorneys who handle every kind of case, including:

Types of Medical Malpractice Cases in Michigan

From the moment you connect with a Michigan medical malpractice attorney, they go to work protecting your claim. The most common case types we handle:

Filing the complaint before the 182-day NOI period expires (MCL 600.2912b)

Filing the complaint without the Affidavit of Merit under MCL 600.2912d — dismissal is fast

Using an expert who does not meet the MCL 600.2169 same-specialty / majority-of-time qualification

Missing the 6-year statute of repose under MCL 600.5838a — bars claims regardless of discovery

Suing Michigan Medicine without addressing sovereign-immunity and Court of Claims considerations

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Filing the complaint before the 182-day NOI period expires (MCL 600.2912b)

Filing the complaint without the Affidavit of Merit under MCL 600.2912d — dismissal is fast

Using an expert who does not meet the MCL 600.2169 same-specialty / majority-of-time qualification

Missing the 6-year statute of repose under MCL 600.5838a — bars claims regardless of discovery

Suing Michigan Medicine without addressing sovereign-immunity and Court of Claims considerations

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Common Michigan Medical Malpractice Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Michigan Medical Malpractice Attorneys Cost?

Capped

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Michigan caps personal-injury (including med-mal) contingency fees under MCR 8.121: 1/3 of the recovery is the maximum, with fees calculated on the net amount after costs are deducted (NOT 33% of the gross). NOI preparation, affidavit-of-merit experts, and depositions push case-cost advances to $75,000–$300,000 in serious cases.

What Can Your Michigan Medical Malpractice Compensation Include?

Economic Damages (No Cap)

Medical bills, future care, lost wages, lost earning capacity, life-care plans, and rehabilitation. Michigan does not cap economic damages.

Non-Economic Damages (Indexed Cap)

Standard cap ~ $537,900 in 2024; higher tier ~ $960,500 for paraplegia, quadriplegia, severe permanent brain injury, severe cognitive impairment, or reproductive-organ damage (MCL 600.1483).

Punitive Damages

Punitive damages are generally NOT available in Michigan. “Exemplary damages” are available for malicious or willful conduct as compensation for injured feelings, not as punishment.

Loss of Consortium

Spouse may recover for loss of companionship, services, and intimacy. Subject to the MCL 600.1483 cap structure.

Wrongful Death

Michigan Wrongful Death Act (MCL 600.2922) allows recovery for loss of financial support, society and companionship, and conscious pain and suffering before death. Subject to the cap framework.

Joint and Several Liability

Michigan is generally a several-liability state under MCL 600.6304: each defendant pays its percentage of fault, with limited joint-and-several exceptions.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Michigan Medical Malpractice Attorneys

Why Do You Need a Medical Malpractice Attorney in Michigan?

When Do You Need a Medical Malpractice Attorney in Michigan?

Types of Medical Malpractice Cases in Michigan

Common Michigan Medical Malpractice Mistakes

How Much Do Michigan Medical Malpractice Attorneys Cost?

What Can Your Michigan Medical Malpractice Compensation Include?

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