Medical malpractice in Michigan
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A Michigan fact pattern
Medical malpractice in michigan.
Statute of limitations
2 years
MCL 600.5805(8) and 600.5838a
Two years from the act, or six months from discovery if later.
Repose: 6 years.
- Six-year repose in most adult files. A 182-day notice of intent (MCL 600.2912b) eats into the two years. It does not add two years.