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, including notice requirements, affidavits of merit, expert witness qualifications, and damage caps, all designed to reduce the number of claims that make it to trial. These barriers do not 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.
Koussan Law does not handle medical provider lawsuits in-house. These are highly specialized cases that demand an investment of time, expert resources, and specific malpractice experience that is best provided by firms dedicated to this work. If you believe a doctor, surgeon, nurse, hospital, urgent care center, outpatient clinic, or health system caused you harm, Koussan Law can connect you with an experienced medical malpractice firm in our referral network. We will listen to what happened, help you understand your options, and make sure your claim reaches a firm we trust to evaluate and pursue it.
Michigan's Medical Malpractice Procedural Requirements
Before a medical malpractice lawsuit can be filed in Michigan, several mandatory procedures must be satisfied. First, under MCL § 600.2912d, the complaint must include 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, the defendant must be given written notice of intent to file at least 182 days before suit is filed. This is the "NOI" period that functions as a mandatory waiting period. Third, expert witnesses must meet stringent qualification requirements under MCL § 600.2169, meaning 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. This is one of the main reasons it is so important to work with a firm that focuses on medical malpractice, and Koussan Law can help connect you with one that handles this procedural gauntlet from the first day.
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, so 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, which is why it is important to speak with a qualified firm promptly.
Q: Can a hospital be sued directly, or only the individual doctor?
Both. Hospitals are directly liable for their own negligence, such as understaffing, inadequate equipment, negligent credentialing, and 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. An experienced malpractice firm will analyze the contractual relationships and pursue every liable entity.
