Michigan Compiled Laws

Mich. Comp. Laws § 600.2912a (2026)

Action alleging malpractice; burden of proof.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.2912a Action alleging malpractice; burden of proof.

Sec. 2912a.

(1) Subject to subsection (2), in an action alleging malpractice, the plaintiff has the burden of proving that in light of the state of the art existing at the time of the alleged malpractice:

(a) The defendant, if a general practitioner, failed to provide the plaintiff the recognized standard of acceptable professional practice or care in the community in which the defendant practices or in a similar community, and that as a proximate result of the defendant failing to provide that standard, the plaintiff suffered an injury.

(b) The defendant, if a specialist, failed to provide the recognized standard of practice or care within that specialty as reasonably applied in light of the facilities available in the community or other facilities reasonably available under the circumstances, and as a proximate result of the defendant failing to provide that standard, the plaintiff suffered an injury.

(2) In an action alleging medical malpractice, the plaintiff has the burden of proving that he or she suffered an injury that more probably than not was proximately caused by the negligence of the defendant or defendants. In an action alleging medical malpractice, the plaintiff cannot recover for loss of an opportunity to survive or an opportunity to achieve a better result unless the opportunity was greater than 50%.

History: Add. 1977, Act 272, Eff. Mar. 30, 1978 ;-- Am. 1993, Act 78, Eff. Apr. 1, 1994

Notes of Decisions

Cited in 179 cases (43 in the last 5 years), 1980–2026 · leading case: Stone v. Williamson, 753 N.W.2d 106 (Mich. 2008).

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Stone v. Williamson, 753 N.W.2d 106 (Mich. 2008). · cites it 208× “In an action alleging medical malpractice, the plaintiff cannot recover for loss of an opportunity to survive or an opportunity to achieve a better result unless the opportunity *110 was greater than 50%.”

O’neal v. St John Hosp. & Med. Ctr., 791 N.W.2d 853 (Mich. 2010). · cites it 120× “In order to answer this question we must review MCL 600.2912a. MCL 600.2912a provides: (1) Subject to subsection (2), in an action alleging malpractice, the plaintiff has the burden of proving that in light of the state of the art existing at the time of the alleged malpractice:…”

Cox v. Flint Bd. of Hosp. Managers, 651 N.W.2d 356 (Mich. 2002). · cites it 52× “On remand, the Court of Appeals affirmed the trial court's ruling, holding incorrectly that the issue *365 was an evidentiary matter reviewed for an abuse of discretion. [18] The question, then, is whether nurses are held to the standard of care of a general practitioner or a…”

Fulton v. William Beaumont Hosp., 655 N.W.2d 569 (Mich. Ct. App. 2002). · cites it 88× “The trial court then entered an order denying defendants' motion for summary disposition. This Court granted defendants' application for leave to appeal.”

Taylor v. Kent Radiology, PC, 780 N.W.2d 900 (Mich. Ct. App. 2009). · cites it 26× “Justice CAVANAGH argued that the Legislature’s amendment of MCL 600.2912a explicitly recognized a cause of action for the loss of an opportunity to achieve a better result.”

Edry v. Adelman, 786 N.W.2d 567 (Mich. 2010). · cites it 12× “2d 786 (1994), and MCL 600.2912a. Second, Dr. Brazil's testimony was inadmissible for that purpose for the reasons explained above.”

Ensink v. Mecosta Cnty. Gen. Hosp., 687 N.W.2d 143 (Mich. Ct. App. 2004). · cites it 16× “Thus, of necessity, the Supreme Court in Weymers could not have meant its decision to control causes of action other than those that arose post -Falcon and pre-MCL 600.2912a (2) — as did the cause of action in Weymers .”

Wickens v. Oakwood Healthcare Sys., 631 N.W.2d 686 (Mich. 2001). · cites it 10× “§ 600.2912a(2), which precludes recovery for "loss of an opportunity to survive" unless the "opportunity was greater than 50%.”

Craig v. Oakwood Hosp., 684 N.W.2d 296 (Mich. 2004). · cites it 4× “[44] These common-law elements have been codified in MCL 600.2912a, which requires a plaintiff alleging medical malpractice to show that [t]he defendant, if a specialist, failed to provide the recognized standard of practice or care within that specialty as reasonably applied in…”

Weymers v. Khera, 563 N.W.2d 647 (Mich. 1997). · cites it 6× “§ 600.2912a; M.S.A. § 27A.2912(1); Locke v.”

Halloran v. Bhan, 683 N.W.2d 129 (Mich. 2004). · cites it 4× “§ 600.2912a(1)(b). [1] The defendant physician could certainly claim that his separate OB-GYN training influenced his decisions during the treatment.”

Ykimoff v. W a Foote Mem'l Hosp., 776 N.W.2d 114 (Mich. Ct. App. 2009). · cites it 6× “Our Legislature has defined the applicable causation standard for medical malpractice cases in MCL 600.2912a(2), which provides in relevant part: "In an action alleging medical malpractice, the plaintiff has the burden of proving that he or she suffered an injury that more…”

Show all 179 citing cases →

— Mich. Comp. Laws § 600.2912a(1) — 21 cases

Hunt v. Hadden, 127 F. Supp. 3d 780 (E.D. Mich. 2015).

Cox v. Flint Bd. of Hosp. Managers, 651 N.W.2d 356 (Mich. 2002). “On remand, the Court of Appeals affirmed the trial court's ruling, holding incorrectly that the issue *365 was an evidentiary matter reviewed for an abuse of discretion. [18] The question, then, is whether nurses are held to the standard of care of a general practitioner or a…”

Morinelli v. Provident Life & Accident Ins. Co., 617 N.W.2d 777 (Mich. Ct. App. 2000).

Robert F Broz v. Plante & Moran Pllc, 928 N.W.2d 292 (Mich. Ct. App. 2018).

Victor Khzouz v. Stephen Mendelson Md (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 600.2912a(1)(a) — 9 cases

Stone v. Williamson, 753 N.W.2d 106 (Mich. 2008). “In an action alleging medical malpractice, the plaintiff cannot recover for loss of an opportunity to survive or an opportunity to achieve a better result unless the opportunity *110 was greater than 50%.”

Gonzalez v. St. John Hosp. & Med. Ctr., 745 N.W.2d 749 (Mich. 2008).

Katherine Kacmarsky v. Edward W Sparrow Hosp. Ass'n (Mich. Ct. App. 2017).

Cierria Johnson v. George Ziyadeh Dds (Mich. Ct. App. 2019).

— Mich. Comp. Laws § 600.2912a(1)(b) — 20 cases

Halloran v. Bhan, 683 N.W.2d 129 (Mich. 2004). “§ 600.2912a(1)(b). [1] The defendant physician could certainly claim that his separate OB-GYN training influenced his decisions during the treatment.”

Morinelli v. Provident Life & Accident Ins. Co., 617 N.W.2d 777 (Mich. Ct. App. 2000).

Gonzalez v. St. John Hosp. & Med. Ctr., 745 N.W.2d 749 (Mich. 2008).

Joy a Jilek v. Carlin C Stockson Md (Mich. 2012).

Est. of Perry Pace v. Hurley Med. Ctr. (Mich. Ct. App. 2017).

— Mich. Comp. Laws § 600.2912a(2) — 82 cases

O’neal v. St John Hosp. & Med. Ctr., 791 N.W.2d 853 (Mich. 2010). “In order to answer this question we must review MCL 600.2912a. MCL 600.2912a provides: (1) Subject to subsection (2), in an action alleging malpractice, the plaintiff has the burden of proving that in light of the state of the art existing at the time of the alleged malpractice:…”

Fulton v. William Beaumont Hosp., 655 N.W.2d 569 (Mich. Ct. App. 2002). “The trial court then entered an order denying defendants' motion for summary disposition. This Court granted defendants' application for leave to appeal.”

Taylor v. Kent Radiology, PC, 780 N.W.2d 900 (Mich. Ct. App. 2009). “Justice CAVANAGH argued that the Legislature’s amendment of MCL 600.2912a explicitly recognized a cause of action for the loss of an opportunity to achieve a better result.”

Wickens v. Oakwood Healthcare Sys., 631 N.W.2d 686 (Mich. 2001). “§ 600.2912a(2), which precludes recovery for "loss of an opportunity to survive" unless the "opportunity was greater than 50%.”

— Mich. Comp. Laws § 600.2912a(b) — 1 case

Cleveland v. Rizzo, 298 N.W.2d 617 (Mich. Ct. App. 1980).

— Mich. Comp. Laws § 600.2912a(b)(2) — 2 cases

Est. of Patricia Benigni v. Samir Alsawah Md (Mich. Ct. App. 2022).

Est. of Andrew Kowalski v. Prime Healthcare Servs. Garden City (Mich. Ct. App. 2024).

— Mich. Comp. Laws § 600.2912a(l) — 7 cases

Rock v. Crocker, 884 N.W.2d 227 (Mich. 2016).

Aroma Wines & Equip., Inc. v. Columbian Distrib. Servs., Inc., 844 N.W.2d 727 (Mich. Ct. App. 2013).

Morinelli v. Provident Life & Accident Ins. Co., 617 N.W.2d 777 (Mich. Ct. App. 2000).

Bahr v. Harper-Grace Hospitals, 528 N.W.2d 170 (Mich. 1995).

— Mich. Comp. Laws § 600.2912a(l)(a) — 4 cases

Robins v. Garg, 741 N.W.2d 49 (Mich. Ct. App. 2007).

Gonzalez v. St John Hosp. & Med. Ctr., 739 N.W.2d 392 (Mich. Ct. App. 2007).

Robins v. Garg, 716 N.W.2d 318 (Mich. Ct. App. 2006).

Taha v. Basha Diagnostics, PC, 737 N.W.2d 844 (Mich. Ct. App. 2007).

— Mich. Comp. Laws § 600.2912a(l)(b) — 3 cases

Albro v. Drayer, 846 N.W.2d 70 (Mich. Ct. App. 2014).

Morinelli v. Provident Life & Accident Ins. Co., 617 N.W.2d 777 (Mich. Ct. App. 2000).

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