Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961
Michigan Compiled Laws

Mich. Comp. Laws § 600.2922a (2026)

Wrongful or negligent act resulting in miscarriage, stillbirth, or physical injury; liability; exceptions; “physician or other licensed health professional” defined.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.2922a Wrongful or negligent act resulting in miscarriage, stillbirth, or physical injury; liability; exceptions; “physician or other licensed health professional” defined.

Sec. 2922a.

    (1) A person who commits a wrongful or negligent act against a pregnant individual is liable for damages if the act results in a miscarriage or stillbirth by that individual, or physical injury to or the death of the embryo or fetus.

    (2) This section does not apply to any of the following:

    (a) An act committed by the pregnant individual.

    (b) A medical procedure performed by a physician or other licensed health professional within the scope of his or her practice and with the pregnant individual's consent or the consent of an individual who may lawfully provide consent on her behalf or without consent as necessitated by a medical emergency.

    (c) The lawful dispensation, administration, or prescription of medication.

    (3) This section does not prohibit a civil action under any other applicable law.

    (4) As used in this section, "physician or other licensed health professional" means a person licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

History: Add. 1998, Act 211, Eff. Jan. 1, 1999 ;-- Am. 2002, Act 164, Imd. Eff. Apr. 11, 2002

Compiler's Notes:

    Enacting section 1 of Act 164 of 2002 provides: “Enacting section 1. This amendatory act applies to a cause of action arising on or after May 1, 2002.”

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 2002–2024 · leading case: Johnson v. Pastoriza, 818 N.W.2d 279 (Mich. 2012).
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Johnson v. Pastoriza, 818 N.W.2d 279 (Mich. 2012). · cites it 101× “2922a, which provides that a person who commits “a wrongful or negligent act against a pregnant individual is liable for damages if the act results in a miscarriage or stillbirth by that individual, or physical injury to or the death of the embryo or fetus,” and medical…”
Simpson v. Alex Pickens, Jr, & Assocs., Md, Pc, 874 N.W.2d 359 (Mich. Ct. App. 2015). · cites it 19× “116(C)(8) and (10), arguing that dismissal was required under MCL 600.2922a because plaintiff alleged that an omission — the failure to perform a cerclage — led to the death of the fetus.”
People v. Kurr, 654 N.W.2d 651 (Mich. Ct. App. 2002). · cites it 2× “See MCL 600.2922a, which currently provides, in part, that “[a] person who commits a wrongful or negligent act against a pregnant individual is liable for damages if the act results in a miscarriage or stillbirth by that individual, or physical injury to or the death of the…”
Johnson v. Pastoriza, 810 N.W.2d 42 (Mich. Ct. App. 2010). · cites it 27× “2922 and MCL 600.2922a, defendants appeal by leave granted the trial court’s denial of their motion for summary disposition.”
Havard v. Puntuer, 600 F. Supp. 2d 845 (E.D. Mich. 2009). “§ 600.2922a (wrongful or negligent act against pregnant individual resulting in miscarriage, stillbirth, or injury or death of embryo or fetus).”
Sarah Marie Markiewicz v. David Randal Markiewicz (Mich. Ct. App. 2022). · cites it 2× “Specifically, MCL 600.2922a, provides that “[a] person who commits a wrongful or negligent act against a pregnant individual is liable for damages if the act results in a miscarriage or stillbirth by that individual, or physical injury to or the death of the embryo or fetus.”
Est. of William Howard McDuffie-connor v. Scott M Neal (Mich. Ct. App. 2024). · cites it 2× “2922, which provides: Whenever the death of a person, injuries resulting in death, or death as described in [MCL 600.2922a] shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the…”
Waid v. Snyder (E.D. Mich. 2023). · cites it 2× “) At this point, Plaintiffs cannot introduce this novel claim into the litigation, having failed to provide “fair notice” of it in their complaint by alleging a claim under § 600.2922a. Kensu v. Corizon, Inc., 5 F.”
20241127_C365607_49_365607.Opn.Pdf (Mich. Ct. App. 2024). · cites it 2× “2922(1) provides: (1) Whenever the death of a person, injuries resulting in death, or death as described in [MCL 600.2922a] shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the…”
in Re Cliffman Est. (Mich. 2017). “2922(1) (“Whenever the death of a person, injuries resulting in death, or death as described in [MCL 600.2922a] shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party…”
Simpson v. Pickens, 876 N.W.2d 820 (Mich. 2016). “2922 for the death of a fetus or embryo, a plaintiff must meet the affirmative-act requirement of MCL 600.2922a. See Johnson v Pastoriza, 491 Mich 417 (2012).”
Candice Johnson v. Rajan Pastoriza Md (Mich. 2011). “2922 incorporates the exceptions to recovery contained at MCL 600.2922a(2). I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.”
— Mich. Comp. Laws § 600.2922a(1) — 1 case
Johnson v. Pastoriza, 818 N.W.2d 279 (Mich. 2012). “2922a, which provides that a person who commits “a wrongful or negligent act against a pregnant individual is liable for damages if the act results in a miscarriage or stillbirth by that individual, or physical injury to or the death of the embryo or fetus,” and medical…”
— Mich. Comp. Laws § 600.2922a(2) — 2 cases
Johnson v. Pastoriza, 818 N.W.2d 279 (Mich. 2012). “2922a, which provides that a person who commits “a wrongful or negligent act against a pregnant individual is liable for damages if the act results in a miscarriage or stillbirth by that individual, or physical injury to or the death of the embryo or fetus,” and medical…”
Candice Johnson v. Rajan Pastoriza Md (Mich. 2011). “2922 incorporates the exceptions to recovery contained at MCL 600.2922a(2). I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.”
— Mich. Comp. Laws § 600.2922a(2)(a) — 1 case
People v. Kurr, 654 N.W.2d 651 (Mich. Ct. App. 2002). “See MCL 600.2922a, which currently provides, in part, that “[a] person who commits a wrongful or negligent act against a pregnant individual is liable for damages if the act results in a miscarriage or stillbirth by that individual, or physical injury to or the death of the…”
— Mich. Comp. Laws § 600.2922a(2)(b) — 2 cases
Johnson v. Pastoriza, 818 N.W.2d 279 (Mich. 2012). “2922a, which provides that a person who commits “a wrongful or negligent act against a pregnant individual is liable for damages if the act results in a miscarriage or stillbirth by that individual, or physical injury to or the death of the embryo or fetus,” and medical…”
Johnson v. Pastoriza, 810 N.W.2d 42 (Mich. Ct. App. 2010). “2922 and MCL 600.2922a, defendants appeal by leave granted the trial court’s denial of their motion for summary disposition.”
— Mich. Comp. Laws § 600.2922a(3) — 1 case
Johnson v. Pastoriza, 810 N.W.2d 42 (Mich. Ct. App. 2010). “2922 and MCL 600.2922a, defendants appeal by leave granted the trial court’s denial of their motion for summary disposition.”
— Mich. Comp. Laws § 600.2922a(l) — 3 cases
Johnson v. Pastoriza, 818 N.W.2d 279 (Mich. 2012). “2922a, which provides that a person who commits “a wrongful or negligent act against a pregnant individual is liable for damages if the act results in a miscarriage or stillbirth by that individual, or physical injury to or the death of the embryo or fetus,” and medical…”
Simpson v. Alex Pickens, Jr, & Assocs., Md, Pc, 874 N.W.2d 359 (Mich. Ct. App. 2015). “116(C)(8) and (10), arguing that dismissal was required under MCL 600.2922a because plaintiff alleged that an omission — the failure to perform a cerclage — led to the death of the fetus.”
Johnson v. Pastoriza, 810 N.W.2d 42 (Mich. Ct. App. 2010). “2922 and MCL 600.2922a, defendants appeal by leave granted the trial court’s denial of their motion for summary disposition.”
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