Medical Professional Liability State Profile:
Michigan
CME Requirements
Credit Amount
For both MDs and DOs, Michigan requires 150 hours of CME credits of courses or programs approved by the board, per licensure cycle. No one, including medical school faculty and resident physicians, is exempt from this requirement.
Licensure Cycle
Every 3 years expiring on January 31st.
Topics
For MDs 75 CME hours must be Category 1 while for DOs 60 hours must be Category 1. A minimum of 1 hour of continuing education must be earned in the area of medical ethics. The majority of CME credits can be taken on any topic area. Effective December 6, 2017 a minimum of 3 hours of continuing education must be earned in the area of pain and symptom management.
The Michigan state CME requirements listed above were accurate when posted. CME state requirements change frequently. Certain states might have modified their licensure requirements due to COVID-19. Physicians are advised to confirm requirements with the Michigan Board of Medicine.
- Prejudgment and Post-Judgment Interest
- One Party or All Party Consent
- Contingency Excess Policy Endorsement Available
- Telemedicine Regulations
- Tort Laws
Prejudgment and Post-Judgment Interest
Tort actions rate: 1% above the average interest rate paid at auctions of five year U.S. treasury notes during the six months immediately preceding July 1 and January 1, compounded annually. Rate calculated at six month intervals. Interest is calculated on the entire money judgment, including attorney fees and other costs.
- Mich. Comp. Laws §600.6013(8)
Accrual date: The date of filing the complaint
Postjudgment Contract and Tort Actions Rate: Rates referenced above continue until date judgment is satisfied
- Mich. Comp. Laws § 600.6013(7), (8)
One Party or All Party Consent
Overall, Michigan operates as an all-party consent state. However, previously a Michigan court has ruled (§ 750.539c, Sullivan v. Gray (1982)) that the definition of the word “eavesdrop” inherently refers only to overhearing or recording private conversations (snooping).
Contingency Excess Policy Endorsement Available
Enhanced physician coverage is available in Michigan with a contingency excess policy endorsement. For individual policy limits of $1M/$3M, insureds are eligible for an additional $1M in coverage ($3M aggregate) in the event of an adverse jury verdict. This additional coverage is automatically in effect for ProAssurance policies that carry the minimum $1M/$3M limits.
Telemedicine Regulations
Professional Requirements:
- Consent Requirements: Yes
- Cross-State Licensing: Multiple exemptions exist
Medicaid Reimbursement:
- Live Video: Yes
- Store-and-Forward: Yes
- Remote Patient Monitoring: Yes
- Audio Only: Yes
Licensure Compact(s): IMLC
State Resource: Upper Midwest Telehealth Resource Center
Tort Laws
Limits on damages for pain and suffering: $450,098 cap on non-economic damages with exceptions reaching $787,671 for catastrophic injury or death (amounts adjusted by 1.7% annually on 1/1)
- §538.210 (2015)
Limits on contingent attorney fees: None
Reform of collateral source rule: None
Periodic payment of future damages: Mandatory over $50k unless subrogation allowed by law
- §27-1-308 (1987)
Statute of limitations: 3 years from discovery; 5 year maximum
- §27-2-205 (1987)