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★ Michigan · medical negligence

Medical negligence settlements
in Michigan.

By Reviewed by Abd Shanti, Founder9 min read

Michigan caps malpractice pain and suffering with two limits that rise with inflation. For 2026 they are $596,400 and $1,065,000. A case from a psychiatrist’s office shooting shows how a jury’s award is cut down to the cap.

Facts that decide a medical negligence claim in Michigan

Standard cap, 2026$596,400 for noneconomic damages, a cumulative 113% increase over the $280,000 base.Michigan Department of Treasury, 2026 noneconomic damages notice under MCL 600.1483
Higher cap, 2026$1,065,000 for certain permanent disabilities, such as specified brain and spinal cord injuries.Michigan Department of Treasury, 2026 noneconomic damages notice
Economic damagesMedical costs and other economic losses are outside the cap.Dawe v. Bar-Levav & Associates (Mich. Ct. App. 2010)
Deadline to sue“3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.”MCL 600.5805, as quoted in Henry v. Dow Chemical (Mich. Ct. App. 2017)
united states · sister site
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★ MI · reported medical negligence outcomes

What Michigan courts have awarded.

Real Michigan decisions and verdicts, each linked to the court record or official report.

  • Dawe v. Dr. Reuven Bar-Levav & Associates
    Michigan Court of Appeals · 2010
    Jury noneconomic award reduced to the cap

    In 1999 a former patient shot and killed a psychiatrist and fired dozens of rounds into a group therapy room, wounding Dawe. She alleged the practice ignored his threats and a manuscript suggesting violence against group members. The jury found $600,000 in past medical costs, $400,000 in past noneconomic damages, and $1,040,000 in future noneconomic damages. The noneconomic part was subject to the malpractice cap, whose base amount was $280,000 for injuries outside the exceptions. On remand the Court of Appeals affirmed, apart from a recalculation of interest.

★ MI · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Michigan.

  1. 1

    The cap bites hardest on pain and suffering. In Dawe the jury found $1.44 million in noneconomic damages, but the law limited that part while leaving medical costs in full.

  2. 2

    Check whether the higher limit applies. Specified permanent injuries such as certain brain and spinal cord injuries qualify for the $1,065,000 cap in 2026.

  3. 3

    The caps rise each year with inflation, so the year of the award affects the number.

★ MI · statute of limitations
3 years from date of injury

Mich. Comp. Laws § 600.5805

★ MI · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ MI · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Michigan.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Michigan's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Michigan · you are hereModified comparative, 51% bar3 years from date of injury—
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · medical negligence →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · medical negligence →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · medical negligence →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · medical negligence →
OhioModified comparative, 51% bar2 years from date of injuryOH · medical negligence →
South DakotaSlight versus gross negligence3 years from date of injurySD · medical negligence →
MontanaModified comparative, 51% bar3 years from date of injuryMT · medical negligence →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · medical negligence →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · medical negligence →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · medical negligence →
MississippiPure comparative negligence3 years from date of injuryMS · medical negligence →
New MexicoPure comparative negligence3 years from date of injuryNM · medical negligence →
★ MI · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Your medical negligence claim in Michigan. See the number for your own case.

FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case

Sources

Checked 2026-09-28.

★ all of MI
Michigan overview

Fault rule, statute, caps, and key facts for Michigan as a whole.

★ national frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Michigan. See /methodology, /sources, and /disclaimer.