Limitation of action for injury to person or property caused by negligence, misconduct or malpractice.

Checkout our iOS App for a better way to browser and research.

No action to recover damages for injury to the person, or to real or personal property, caused by negligence, or by reckless or wanton misconduct, or by malpractice of a physician, surgeon, dentist, podiatrist, chiropractor, advanced practice registered nurse, hospital or sanatorium, shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than three years from the date of the act or omission complained of, except that a counterclaim may be interposed in any such action any time before the pleadings in such action are finally closed.

(1949 Rev., S. 8324; 1957, P.A. 467; 1969, P.A. 401, S. 2; P.A. 19-98, S. 26.)

History: 1969 act changed deadline for bringing action from one year to two years from date injury is first sustained or discovered or should have been discovered, effective October 1, 1969, and applicable to injuries first sustained on or after that date; P.A. 19-98 added reference to advanced practice registered nurse.


Download our app to see the most-to-date content.