Pain & Suffering: Medical Malpractice vs. Ordinary Injury

By the FigureMyTax Editorial Team · How we calculate

In Michigan a malpractice claim is capped, front-loaded with paperwork and on a shorter clock. An ordinary injury claim has none of those limits.

A capped award

Malpractice noneconomic damages are limited by MCL 600.1483 to $596,400 in 2026, or $1,065,000 for qualifying permanent disabilities, as one total for all plaintiffs and defendants. Ordinary negligence has no statutory cap on pain and suffering.

Two years, not three

Malpractice claims must be brought within two years of the act or omission, or six months from discovery if later, with a six-year outer limit under MCL 600.5838a. Ordinary injury claims generally get three years.

A 182-day notice and an affidavit

Before suing, a malpractice claimant must serve a notice of intent under MCL 600.2912b and wait 182 days; an affidavit of merit under MCL 600.2912d follows. The notice period tolls the limitations clock, but the sequence makes the effective window shorter than it looks.

Fault works the same way

The comparative fault rule in MCL 600.2959 applies to both kinds of claim: noneconomic damages are barred above 50% fault, and economic damages are reduced by your share.

This is general information, not legal advice. Medical malpractice claims involve procedural requirements beyond what's described here. Confirm how Michigan's rules apply to your specific case with a licensed attorney.