Statute of Limitations
- 3 years with Discovery Rule. (Mich. Comp. Laws Ann. §600.5805 – Injuries to persons or property; limitations)
- Medical malpractice – 2 years from act or omission that forms the basis of the claim or 6 months from discovery, but no more than 6 years after the act or omission. If claimant is a minor under age eight, SOL period begins to run on minor’s tenth birthday or within 2-year SOL, whichever time period is greater. If case involves injury to the reproductive system of a minor under age thirteen, then SOL period begins to run on minor’s 15th birthday or within 2-year SOL period, whichever is greater. (Mich. Comp. Laws Ann. §600.5805; Mich. Comp. Laws Ann. 600.5838a)
Damages Cap
- Noneconomic damages are capped at $280,000 unless plaintiff is hemiplegic, paraplegic, or quadriplegic due to an injury to the brain or spinal cord, or where the plaintiff has permanently impaired cognitive capacity rendering him incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living, or the plaintiff has had permanent loss or damage to a reproductive organ resulting in the inability to procreate, then non-economic damages shall not exceed $500,000. (Mich. Comp. Laws Ann. §600.1483 – Action for damages alleging medical malpractice; limitation on noneconomic damages)
Statute of Limitations
- 3 years from date of wrongful act giving rise to the cause of action (Occurrence Rule). The wrongful death saving statute can extend either the two-year or six-month period; if injured person dies before statute runs, the personal representative may sue within two years after being appointed so long as the suit is brought within three years after the statute expires. (Mich. Comp. Laws Ann. §600.5805 – Injuries to persons or property; limitations; Mich. Comp. Laws Ann. §600.5852 – Death before period of limitations has run or within 30 days thereafter; commencement of actions)
Damages Cap
- None.
- Medical malpractice claims require 182 days prior written notice of claim during which SOL is tolled. (Mich. Comp. Laws Ann. §600.2912b)
- Adult Protective Services – (Mich. Comp. Laws Ann. Soc. Welf. Act 280, §§400-11a – 11f)
- Abusing, Mistreating, or Neglecting Patient – (Mich. Pub. Health Code §333-21771)
- Task Force on Elder Abuse – (Mich. Exec. Ord. No.2005-11)
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
