Medical malpractice in Michigan
CPI-adjusted noneconomic limits
Michigan medical malpractice claims use CPI-adjusted noneconomic damage limits, a required notice of intent before suit, and an affidavit of merit with the complaint. Economic losses are not capped by the noneconomic statute.
Last reviewed September 22, 2026
- 2026 standard
- $596,400
- 2026 catastrophic
- $1,065,000
- Usual filing window
- 2 years
Noneconomic limit certified January 30, 2026
Listed injuries only, same Treasurer notice
With a six-month discovery option and a six-year outer limit
Damage caps
For 2026, noneconomic damages are generally limited to $596,400. A higher $1,065,000 limit applies only for listed catastrophic injuries such as certain permanent paralysis, severe cognitive impairment, or permanent reproductive loss. Confirm which year of the Treasurer schedule applies to the claim. Economic losses are not capped by this statute.
Not capped
Economic damages
Economic damages are limited by proof. MCL 600.1483 does not set a general ceiling on those losses.
Capped
Noneconomic damages
MCL 600.1483(1) sets statutory bases of $280,000 and $500,000. The State Treasurer adjusts them yearly. For 2026, the standard limitation is $596,400. Those figures were certified on January 30, 2026. Confirm which calendar year applies before using them on a claim.
The 2026 higher limit is $1,065,000 when the court finds one of the listed conditions: hemiplegia, paraplegia, or quadriplegia from brain or spinal cord injury with total permanent functional loss of a limb; permanently impaired cognitive capacity that prevents independent life decisions and daily living; or permanent reproductive organ loss or damage causing inability to procreate. MCL 600.1483(1)(a) through (c).
Show the Treasurer figures with the year. Do not treat the 2026 amounts as the limit for every year.
2026 Treasurer limits
The Michigan State Treasurer certified these noneconomic limitations on January 30, 2026. Confirm which calendar year applies to the claim.
| Milestone | Standard noneconomic | Listed catastrophic injuries |
|---|---|---|
| 2026 certified limitsReview year | $596,400 | $1,065,000 |
Accessed September 22, 2026. Earlier and later Treasurer notices are not restated here. Economic losses sit outside these limits.
Filing deadlines
Most claims must be filed within two years, subject to a six-month discovery option and a six-year outer limit in ordinary cases. Send the statutory notice of intent, usually 182 days before filing. File an affidavit of merit with the complaint.
- General rule
Malpractice actions generally have a two-year limitations period. MCL 600.5805(8).
- Discovery
Under MCL 600.5838a(2), an action may be commenced within the otherwise applicable period or within six months after discovery, or when discovery should have occurred, whichever is later.
- Outer limit
Except for listed exceptions, the claim generally may not be commenced later than six years after the act or omission. MCL 600.5838a(2).
- Exceptions
Fraudulent concealment, and permanent reproductive organ loss or damage causing inability to procreate, follow the alternative timing in MCL 600.5838a(2) and (3). Minors and other disability rules in MCL 600.5851 and related sections also matter. Confirm those rules on the facts.
- Affidavit of merit
MCL 600.2912d generally requires an affidavit of merit with the complaint from a qualified expert. Expert qualification rules in MCL 600.2169 are strict.
- Notice before suit
Written notice to each health professional or facility is generally required not less than 182 days before suit. The period is 91 days in limited successive-defendant situations. MCL 600.2912b. The notice must include a detailed statement of the facts, the standard of care, the breach, what should have been done, proximate cause, and the named providers.
Proper notice interacts with limitations tolling under Michigan practice. Confirm how notice affects the two-year clock on the facts of the claim.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
Two indexed noneconomic limits
The core valuation story is a standard noneconomic limit and a higher limit for listed catastrophic categories. Both move with the Treasurer's yearly adjustment. The 2026 figures are $596,400 and $1,065,000.
Notice and the affidavit take time
The 182-day notice period plus the affidavit of merit make pre-suit work a large share of the timeline. Expert qualification rules are strict.
Six years is a frequent hard stop
The six-year repose is a frequent hard stop in ordinary cases. Listed exceptions, including fraudulent concealment and certain reproductive injuries, follow different timing.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Michigan case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
The Treasurer's certified noneconomic limits apply only to noneconomic damages, and only for the calendar year that governs the claim. Payment still depends on economic losses, fault, and insurance limits.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. The 2026 noneconomic limits were certified by the Michigan State Treasurer on January 30, 2026: $596,400 for the standard limitation and $1,065,000 for the listed catastrophic exceptions. Confirm which calendar year applies to the claim. Statutory bases in MCL 600.1483(1) are $280,000 and $500,000 before the yearly adjustment.
- MCL 600.1483 (opens in a new tab)Accessed September 22, 2026
- Michigan State Treasurer notice, January 30, 2026, noneconomic limitations (opens in a new tab)Accessed September 22, 2026
- MCL 600.5838a (opens in a new tab)Accessed September 22, 2026
- MCL 600.2912b (opens in a new tab)Accessed September 22, 2026
- MCL 600.5805 (opens in a new tab)Accessed September 22, 2026
- MCL 600.2912d (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Michigan attorney about notice timing, expert qualifications, and which noneconomic cap applies.