Medical Malpractice Funding in Michigan

Michigan medical malpractice claims must be filed within two years of the act or omission under MCL 600.5805(8), or within six months after the plaintiff discovers or should have discovered the claim under MCL 600.5838a(2), whichever is later. A six-year statute of repose runs from the act regardless of discovery, with exceptions for a retained foreign object, fraudulent concealment, and permanent loss of reproductive ability. A minor under eight has until the tenth birthday, and a plaintiff injured before age 13 by a reproductive-system injury has until age 15. Michigan imposes two mandatory presuit steps: a written notice of intent to file must be served on each defendant at least 182 days before the complaint under MCL 600.2912b, which tolls limitations during the notice period; and the complaint must be accompanied by an affidavit of merit signed by a health professional who meets the expert qualification rules of MCL 600.2169, under MCL 600.2912d. The defendant has 154 days to respond to the notice, and a plaintiff may file after 154 days if no response is received.

Michigan applies a hybrid rule under MCL 600.2959. Economic damages are reduced by the plaintiff's percentage of fault with no cutoff — pure comparative for that category. Non-economic damages are barred entirely if the plaintiff's fault is greater than the combined fault of all other persons — a 51 percent bar. A patient found 60 percent at fault therefore still recovers 40 percent of economic loss but no non-economic damages.

Michigan caps non-economic damages in medical malpractice under MCL 600.1483, and the cap is adjusted every January by the State Treasurer for inflation. For 2026 the standard cap is $596,400 and the upper cap is $1,065,000. The upper cap applies only where the plaintiff is hemiplegic, paraplegic, or quadriplegic from a brain or spinal cord injury, has permanently impaired cognitive capacity that prevents independent living, or has suffered permanent loss of or damage to a reproductive organ resulting in an inability to procreate. The cap applies to the total non-economic award to all plaintiffs from a single occurrence, is applied by the court after verdict, and is not disclosed to the jury. Economic damages, including future medical care and lost earnings, are not capped. The cap has been upheld by the Michigan courts and applies in wrongful death medical malpractice claims.

Michigan awards interest on a money judgment from the date the complaint is filed under MCL 600.6013, at a rate tied to the five-year Treasury note plus one percent, compounded annually. In medical malpractice actions, interest on the judgment runs from the date the notice of intent under MCL 600.2912b was served rather than from the filing date. Interest on future damages is limited under MCL 600.6013(1). Interest is not awarded on a settlement.

Under MCL 600.1629, venue in a medical malpractice action lies first in the county where the original injury occurred if a defendant resides or has its principal place of business there, then in the county where the original injury occurred if the plaintiff resides there, and otherwise under the general residence rules. In practice, Michigan med-mal claims are filed in the circuit court of the county where the treatment was rendered. Claims against University of Michigan and other state-operated hospitals proceed in the Court of Claims.

Michigan has no dedicated consumer litigation funding statute. No statutory cap.

When can a Michigan med-mal claim realistically be funded, given the 182-day notice?

The notice of intent under MCL 600.2912b must be served at least 182 days before filing, so the earliest fundable point for most claims is after the complaint and affidavit of merit are on file. The notice itself, which must state the standard of care and the alleged breach, is useful early evidence of the theory.

The defendant has 154 days to respond in writing, and a plaintiff may file after that if no response arrives. Limitations is tolled during the notice period, which is why counsel serves the notice as soon as the theory is developed. Funders review the notice, any response, the affidavit of merit, and the complaint together before advancing.

How do Michigan's indexed caps shape the advance?

For 2026, non-economic damages are capped at $596,400, or $1,065,000 for the three catastrophic categories in MCL 600.1483. The fundable value of most Michigan med-mal claims therefore rests on economic damages, which are uncapped, and on whether the injury qualifies for the upper tier.

The cap is applied by the court after verdict and is not disclosed to the jury, so a large verdict is reduced to the cap in force. Because the figures are indexed annually, the cap for the year of judgment, not the year of injury, generally controls. Underwriting confirms the tier with counsel and uses the current-year figure as the ceiling on the non-economic component.

Why does the affidavit of merit carry so much weight in Michigan?

MCL 600.2912d requires the affidavit with the complaint, and the affiant must meet MCL 600.2169's specialty-match and practice-time requirements. Michigan defendants regularly challenge affiant qualifications, so a compliant affidavit from a properly matched expert is the earliest evidence that the case can survive.

A defective affidavit can result in dismissal, and if the limitations period has run, the dismissal may end the claim. The specialty-match rule means the expert must practice or teach in the same specialty as the defendant during the year before the alleged malpractice. Underwriting reviews the affiant's credentials against section 2169 as part of the initial evaluation.