What is the statue of limitation for filing a malpratice suit?

Asked on September 19, 2011 under Malpractice Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In MI, the number of years in which a person (i.e. plaintiff) has in which to bring a claim for malpractice is 2 years, or 6 months from discovery to a maximum 6 years (except if fraud by defendant or a foreign object).

In the case of a minor under 8 years of age, the statute begins to run on the minor's 10th birthday or within the 2-year statute of limitations, whichever time period is greater. Where a minor, under the age of 13 suffers an injury to the reproductive system, the statute begins to run on the minor's 15th birthday or within the general 2-year medical malpractice statute of limitations, whichever time period is greater.

Malpractice claims require 182 days prior written notice of claim during which time limitations period is "tolled" (temporarily suspended). If a plaintiff is 13 or under, a claim must be filed on or before their 15th birthday.

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