FB Michigan Statute of Limitations for Birth Injuries, Medical Malpractice

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 10 years

SOL for Medical Malpractice Claims (Parental Claims): 2 years

SOL for Wrongful Death Claims: 2 years

Michigan Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

10 years: MCL § 600.5851(7): If, at the time a claim alleging medical malpractice accrues to a person under section 5838a the person has not reached his or her eighth birthday, a person shall not bring an action based on the claim unless the action is commenced on or before the person’s tenth birthday or within the period of limitations set forth in section 5838a, whichever is later. If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has reached his or her eighth birthday, he or she is subject to the period of limitations set forth in section 5838a.

Michigan Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: MCLS § 600.5805(6): The period of limitations is 2 years for an action charging malpractice or MCLS § 600.5838: Within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later.

Michigan Medical Malpractice Claim Caps

MCLS § 600.1483: (1) In a claim for damages alleging medical malpractice by or against a person or party, the total amount of damages for noneconomic loss recoverable by all plaintiffs, resulting from the medical malpractice of all defendants, shall not exceed $280,000.00 unless, as the result of the negligence of 1 or more of the defendants, 1 or more of the following exceptions apply as determined by the court pursuant to section 6304, in which case damages for noneconomic loss shall not exceed $500,000.00:
(a) The plaintiff is hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of 1 or more limbs caused by 1 or more of the following:
(i) Injury to the brain.
(ii) Injury to the spinal cord.
(b) The plaintiff has permanently impaired cognitive capacity rendering him or her incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living.
(c) There has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate.
(4) Beginning April 1, 1994, the state treasurer shall adjust the limitations on damages for noneconomic loss set forth in subsection (1) by amounts determined by the state treasurer at the end of each calendar year to reflect the cumulative annual percentage change in the consumer price index. As used in this subsection, “consumer price index” means the most comprehensive index of consumer prices available for this state from the Bureau of Labor Statistics of the United States Department of Labor.

Michigan Statute of Limitations for Wrongful Death Claims

2 years: MCL § 600.5805: Except as otherwise provided in this chapter, the period of limitations is 2 years for an action charging malpractice.

Wrongful death action alleging medical malpractice was timely filed where commenced within two years of decedent’s death. Penner v Seaway Hospital, 302 NW2d 285 (Mich. App. 1981).

Michigan Wrongful Death Claim Caps

Not applicable for the state of Michigan.


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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