Medical Provider Suits

Medical Provider Suits in Michigan: When Doctors, Hospitals, and Health Systems Cause Harm

Filing a lawsuit against a doctor or hospital in Michigan is one of the most procedurally demanding things you can do in civil litigation. The Michigan legislature has built layer after layer of barriers between medical malpractice victims and the courtroom — notice requirements, affidavits of merit, expert witness qualifications, damage caps — all designed to reduce the number of claims that make it to trial. These barriers don't stop legitimate claims. But they do stop victims who try to navigate the process without an attorney who knows exactly how to clear every procedural hurdle.

At Koussan Law, I bring medical provider suits against doctors, surgeons, nurses, hospitals, urgent care centers, outpatient clinics, and health systems across Michigan. Every one of these cases requires an investment of time, expertise, and resources that most firms won't make — because medical malpractice cases are expensive to litigate and impossible to win without the right medical experts. I take the cases I believe in, invest the resources they require, and pursue them aggressively through resolution.

Michigan's Medical Malpractice Procedural Requirements

Before you can file a medical malpractice lawsuit in Michigan, you must comply with several mandatory procedures. First, under MCL § 600.2912b, you must file an affidavit of merit signed by a qualified medical expert who has reviewed the case and concluded that the standard of care was breached. Second, under MCL § 600.2912b, you must provide the defendant with written notice of intent to file at least 182 days before filing suit — this is the \"NOI\" period that functions as a mandatory waiting period. Third, your expert witnesses must meet stringent qualification requirements under MCL § 600.2169 — they must practice or teach in the same specialty as the defendant.

These requirements are not optional. Failure to comply with any of them results in dismissal. I handle the procedural gauntlet from the first day, ensuring that every filing, every notice, and every expert qualification is bulletproof.

Frequently Asked Questions

Q: What qualifies as medical malpractice in Michigan?

Medical malpractice occurs when a healthcare provider breaches the standard of care — the level of care that a reasonably competent provider in the same specialty would deliver under similar circumstances — and that breach causes injury to the patient. Common examples include surgical errors, misdiagnosis or delayed diagnosis, medication errors, birth injuries, failure to obtain informed consent, and hospital-acquired infections. The standard of care is established through expert testimony from physicians in the same specialty.

Q: Are there damage caps in Michigan medical malpractice cases?

Yes. Michigan caps non-economic damages (pain and suffering) in medical malpractice cases under MCL § 600.1483. The caps are adjusted annually for inflation. For most cases, the cap is approximately $500,000. For cases involving death or permanent loss of a reproductive organ, the cap is approximately $870,000 (2024 figures). There is no cap on economic damages — medical expenses, lost wages, and future care costs are fully recoverable regardless of amount.

Q: How long do I have to file a medical malpractice claim in Michigan?

Two years from the date of the malpractice or six months from the date you discovered (or should have discovered) the malpractice, whichever is later — but no more than six years from the date of the act under MCL § 600.5838a. The 182-day notice of intent period under MCL § 600.2912b tolls the statute during the notice period. For minors under age 8, the deadline extends to their 10th birthday. These deadlines are unforgiving — miss them and the claim is permanently barred.

Q: Can I sue a hospital directly, or only the individual doctor?

Both. Hospitals are directly liable for their own negligence — understaffing, inadequate equipment, negligent credentialing, systems failures — and vicariously liable for the malpractice of their employees. Many physicians are not hospital employees but rather independent contractors with privileges at the hospital, which can complicate vicarious liability. I analyze the contractual relationships and pursue every liable entity.