Michigan Statute of Limitations for Medical Malpractice
In Michigan, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: Mich. Comp. Laws § 600.5838a.
- 2 years from the act or 6 months from discovery, whichever is later. 6-year statute of repose.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from the act or 6 months from discovery, whichever is later. 6-year statute of repose.
General Michigan Rules
Michigan provides 6 years for contract claims and 3 years for most tort claims. Medical malpractice has a unique structure: 2 years from the act or 6 months from discovery, whichever is later, subject to a 6-year statute of repose. Michigan requires a notice of intent before filing a medical malpractice lawsuit.
Other Statutes of Limitations in Michigan
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Michigan?
The statute of limitations for medical malpractice in Michigan is 2 years. Citation: Mich. Comp. Laws § 600.5838a.
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When does the clock start for medical malpractice in Michigan?
2 years from the act or 6 months from discovery, whichever is later. 6-year statute of repose.
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Can the statute of limitations for medical malpractice be extended in Michigan?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.