Medical Malpractice
Lawyer

FAQs

• What is the Process to Begin a Medical Malpractice Case in Michigan?

  Filing a medical malpractice claim is a complex process with its own procedural requirements. Therefore, it’s crucial to obtain the required information with ample time before the statute of limitations expires.

  The State of Michigan also requires victims to prove that there is a factual basis for filing a medical malpractice complaint. There are 2 important requirements that must be filed before legal action can begin; the Notice of Intent and the Affidavit of Merit.

  Notice of Intent (NOI)

  In Michigan, you cannot simply walk into a courthouse and sue a doctor. Under MCL 600.2912b, you are legally required to notify the healthcare professional or facility in writing at least 182 days (6 months) before you can file a lawsuit. This formal Notice of Intent must explicitly detail the specific standard of care that was violated, how the medical staff breached that standard, exactly what they should have done differently, and how their actions caused your physical injuries. Creating this notice requires immense technical skill; if it is missing even a single legal element, a judge can throw your entire case out later.

  Affidavit of Merit

  Once that 182-day waiting period expires and we file your official medical malpractice complaint, Michigan law (MCL 600.2912d) requires us to simultaneously file an “Affidavit of Merit.” This is a sworn, notarized document signed by a qualified, board-certified medical expert who practices or teaches in the exact same specialized field as the defendant. In this affidavit, the independent medical expert must state under oath that they have reviewed your medical files and firmly believe that your provider committed actionable negligence that directly caused your injuries. At Mike Morse Law Firm, our medical malpractice attorneys maintain a vast network of respected medical experts nationwide to ensure your case is backed by undeniable medical authority from day one.

• What is Medical Malpractice?

  Medical malpractice is when a health professional fails to provide the appropriate standard of care for a patient. According to a John Hopkins study, medical errors are the third-leading cause of death in the United States.

  To determine whether you have a medical malpractice case, the following 4 facts must be established:

  1. Duty of care – The medical provider owed the patient a duty of care
  2. Breach – The healthcare professional failed to provide the recognized standard of care
  3. Injury – Negligence of the medical professional caused the injury to the patient
  4. Damages – The patient’s injuries resulted in personal damages

  The laws governing Michigan medical malpractice are extremely complex and strict. You may find yourself filing a claim against the health professionals themselves or the institutions they work for. It is rare for a medical provider to admit his or her negligence. In such an intense situation, it’s in your best interests to have an experienced medical malpractice attorney by your side.

  Our Michigan medical malpractice lawyers can enlist the skills of medical experts to analyze the actions of the healthcare professional. These medical experts are qualified to determine whether he or she acted negligently. This is a valuable piece of evidence that can support your claim.

  Mike Morse Law Firm’s medical malpractice lawyers are here to answer your questions and explain the legal options available to you. We can give you the confidence and peace of mind you need to pursue the justice you deserve. Consult one of our medical malpractice attorneys to find out what your rights are.

• What are the Types of Medical Malpractice Caused By Medical Professionals?

  The majority of healthcare providers use their training and expertise to help their patients get better. Unfortunately, medical professionals can make serious mistakes. This can result in unnecessary harm or death to their patients. Medical malpractice can occur due to oversight, inexperience, tiredness, or other factors that contribute to a practitioner making a medical mistake.

  In the State of Michigan, medical errors can be classed into two categories:

  1. Error of commission – A medical provider causes injury to a patient due to negligence
  2. Error of omission – A medical professional fails to provide, omits, the required medical care needed to his or her patient

  If you have suffered personal injury from the careless actions of a healthcare worker, you may have a legal basis to file a medical malpractice claim or lawsuit against that person or the healthcare institution. There are many types of medical malpractice that can cause personal injury.

  Some common examples of negligence include:

  • Failure to diagnose a medical condition
  • Misdiagnosis of a medical condition
  • Negligence in the emergency room
  • Failure to perform surgery
  • Negligence during surgery
  • Inappropriate use of medical tools
  • Prescribing the wrong medication
  • Incorrect dosage of medication
  • Neglecting to perform required tests
  • Mismanagement of a patient’s care or treatment
  • Birth injury caused by negligence during prenatal, delivery, or postnatal care
  • Performing an unnecessary or incorrect surgery
  • Failure to administer anesthesia properly
  • Miscommunication between medical staff and the patient

  No matter the cause, a medical error can have devastating consequences that can alter a person’s life forever. If you are a victim of medical malpractice, it is important you get the right legal advice to help you through this difficult time.

  It can be overwhelming knowing where to start, but you are not alone. The team at our personal injury law firm can answer your questions and help you get the compensation you deserve.

• What Damages Are Available to Victims of Medical Malpractice in Michigan?

  Michigan medical malpractice cases can be complicated and may take a long time to resolve. We can seek significant compensation for your personal injuries caused by medical malpractice. In Michigan, there are 2 types of damages you can claim in medical malpractice cases: economic damages and non-economic damages.

  Economic damages – These are damages that can have an actual amount assigned to them. This can include costs from lost wages, past and future medical expenses, decreased earning capacity, caregiving expenses, and other out-of-pocket expenses. In the State of Michigan, there is no limit for compensation of economic damages.

  Non-economic damages – Non-economic damages compensate you for the human cost of medical neglect, the physical pain, emotional trauma, loss of enjoyment of life, and structural changes to your daily routine. Because these harms don’t come with a receipt, the State of Michigan limits the total amount you can recover for non-economic loss under MCL 600.1483. The Michigan Department of Treasury adjusts these caps for inflation every single year. For 2026, the law establishes two strict tiers of caps:

  • The Standard (Lower) Cap – $596,400: This limit applies to the majority of Michigan medical malpractice and wrongful death claims.
  • The Catastrophic (Upper) Cap – $1,065,000: This higher limit is strictly reserved for cases involving permanent, life-altering devastation. To qualify for the upper cap, the negligence must have directly caused a total permanent functional loss of one or more limbs due to a brain or spinal cord injury, a permanent loss of reproductive capacity, or a permanent cognitive impairment that makes it impossible for you to live independently.

  Mike Morse Law Firm’s medical malpractice lawyers can review your case and help you determine what compensation is available to you. Our experienced medical malpractice attorney’s goal is to recover damages for your injuries.

  You may be able to get compensation for:

  • Lost wages
  • Past, current, and future medical expenses
  • Expenses for rehabilitation
  • Costs associated with disability or disfigurement (e.g. equipment or specialized vehicles)
  • Pain and suffering

  We are here to represent victims of medical malpractice and fight to the end to seek the maximum compensation available. To find out more about what you might be entitled to, contact one of our experienced Michigan medical malpractice lawyers for a free consultation.

• What are the Michigan Law and the Patient Bill of Rights?

  Health professionals have an ethical responsibility to provide all patients with a high standard of healthcare. Under Michigan law, patients have specific rights regarding the medical care they receive.

  This is referred to as the Michigan Patient Bill of Rights (MCL 333.20201). These rights serve to protect all medical patients in the State of Michigan. The law allows patients to access important pieces of information that can assist in building a strong case.

  If you believe your rights have been violated, an attorney well-versed in Michigan medical laws can give you the advice you need. Mike Morse Law Firm’s medical malpractice lawyers can explain what your legal rights are, what you are entitled to, and how to use the law to protect your interests.

  Above all, we can help determine whether a health provider is guilty of medical malpractice and hold that person accountable. Call us to schedule a free consultation today.

• What are the Statute of Limitations For Michigan Medical Malpractice Cases?

  Medical malpractice deadlines in Michigan are among the most complex and unforgiving in the entire country. Generally, under MCL 600.5805, you have exactly 2 years from the date the medical error occurred to file a formal lawsuit.

  However, medical mistakes aren’t always obvious right away. If a surgeon leaves a foreign object inside you, or a doctor misinterprets a scan, it could take months or years for the damage to surface. For these situations, Michigan uses the “Discovery Rule” (MCL 600.5838a). This rule allows you to file a claim within 6 months of the date you discovered, or reasonably should have discovered, the malpractice, even if the initial two-year window has already closed.

  But you cannot wait indefinitely. Michigan law enforces an absolute 6-year Statute of Repose. This means that regardless of when you discovered the medical error, you are completely barred from filing a lawsuit if more than 6 years have passed since the date of the underlying negligence.

  There are only three strict exceptions to this 6-year absolute cutoff:

  • Minor Children: If the victim was under the age of 8 at the time of the malpractice, they typically have until their 10th birthday to file a claim.
  • Fraudulent Concealment: If a doctor or hospital actively lied to you or intentionally hid medical records to cover up their mistake, the clock is paused.
  • Reproductive Damage: If the negligence permanently damaged your reproductive system and prevents procreation, the absolute limit may be extended.

  Because calculating these overlapping timelines requires an expert legal eye, you should never guess how much time you have left. The moment you suspect something went wrong during a medical procedure, contact our medical malpractice attorneys at 855-MIKE-WINS. We will pull your records immediately to protect your right to compensation.