Michigan § 600.5838 - Claim based on malpractice; accrual; commencement of action; burden of proof; limitations.
Full text of Michigan Michigan Compiled Laws § 600.5838 — Claim based on malpractice; accrual; commencement of action; burden of proof; limitations., with citation guidance and answers to common questions.
§ 600.5838. Claim based on malpractice; accrual; commencement of action; burden of proof; limitations.
(1) Except as otherwise provided in section 5838a or 5838b, a claim based on the malpractice of a person who is, or holds himself or herself out to be, a member of a state licensed profession accrues at the time that person discontinues serving the plaintiff in a professional or pseudoprofessional capacity as to the matters out of which the claim for malpractice arose, regardless of the time the plaintiff discovers or otherwise has knowledge of the claim.
(2) Except as otherwise provided in section 5838a or 5838b, an action involving a claim based on malpractice may be commenced at any time within the applicable period prescribed in sections 5805 or 5851 to 5856, or within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later. The plaintiff has the burden of proving that the plaintiff neither discovered nor should have discovered the existence of the claim at least 6 months before the expiration of the period otherwise applicable to the claim. A malpractice action that is not commenced within the time prescribed by this subsection is barred.
Source: official Michigan text · Last verified 2026-08-27
Frequently Asked Questions About Michigan § 600.5838
What does Michigan Compiled Laws § 600.5838 cover?
Section 600.5838 ("Claim based on malpractice; accrual; commencement of action; burden of proof; limitations.") is part of the Michigan Compiled Laws, the codified statutory law of Michigan. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Michigan § 600.5838?
A common citation format is "Michigan Compiled Laws § 600.5838" (Michigan). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Michigan law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Michigan official source linked on this page or consult a licensed Michigan attorney.
How does Michigan § 600.5838 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Michigan can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Michigan.