Much of Michigan law on medical malpractice is codified at Mich. Comp. Laws Ann. 600.2912 through 600.2912h (West 2000). Subjects covered there include the elements of a malpractice action, a compulsory procedure for notice and discovery prior to filing suit, and affidavits of merit. The legislature made major changes to the laws of medical malpractice effective April 1, 1994, so the information below will not always apply to cases arising before that date.

A medical malpractice action may be brought within two years after the act or omission that forms the basis for the claim. Alternatively, it may be brought within six months after the claimant discovers or should have discovered the existence of the claim, so long as it is brought within six years after the act or omission. Mich. Comp. Laws Ann.  600.5805(5) and 600.5838a (West 2000). The six-year statute of repose is constitutional. Sills v. Oakland General Hospital, 220 Mich. App. 303, 559 N.W.2d 348 (1996), cert. denied, 456 Mich. 908, 572 N.W.2d 661 (1997). It does not apply if the health care provider's fraud prevents discovery or the injury involves the claimant's reproductive system. Mich. Comp. Laws Ann. 600.5838a (West 2000). Minors have the benefit of the foregoing rules. In addition, a minor's action may be brought any time before the minor's tenth birthday (or fifteenth birthday for injury to the reproductive system). Id. If a claimant is insane when his medical malpractice action accrues, he may bring an action up to one year after the disability is removed. Mich. Comp. Laws Ann.  600.5851 (West 2000). An action for wrongful death accrues on the date of the wrongful act, not the date of death, and is governed by the statute of limitations that would have applied had the decedent merely been injured. Hawkins v. Regional Medical Laboratories, 415 Mich. 420, 329 N.W.2d 729 (1982). However, the wrongful death "saving statute" can extend either the two-year or six-month period. If the injured person dies before the statute runs (or within a 30-day grace period thereafter), his personal representative may sue within two years after being appointed so long as the suit is commenced within three years after the statute expires. Mich. Comp. Laws Ann. 600.5852 (West 2000); Miller v. Mercy Memorial Hospital, 466 Mich. 196, 644 N.W.2d 730 (2002). A person intending to file a medical malpractice action must first give written notice to the prospective defendants at least 182 days before the action is commenced. (This period can be reduced under some circumstances.) Mich. Comp. Laws Ann.  600.2912b (West 2000). Giving notice tolls the running of the statute of limitations for 182 days. Mich. Comp. Laws Ann. 600.5856(d) (West 2000); Omelenchuk v. City of Warren, 461 Mich. 567, 609 N.W.2d 177 (2000). However, time continues to run unless the claimant complies with all the provisions of the notice statute, which calls for detailed information. Roberts v. Mecosta County General Hospital, 466 Mich. 57, 642 N.W.2d 663 (2002). There are circumstances under which a new party may be added to a lawsuit even after the statute of limitations has expired, so long as the lawsuit was filed in a timely manner against some defendants. Mich. Comp. Laws Ann.  600.2957(2) (West 2000).