Patient Consent Rights in Michigan

Michigan has a standout protection that patients in most other states do not have: you can revoke an arbitration agreement within 60 days of signing it. This is significant because many consent forms include arbitration clauses that waive your right to sue in court.

In most states, once you sign an arbitration agreement, you are bound by it. Michigan gives you a 60-day window to change your mind. If you signed a consent form with an arbitration clause and later decide you want to keep your right to go to court, you can revoke it within that window.

Michigan's informed consent standard requires physicians to disclose the nature of your condition, the proposed treatment, the probability of success, alternatives, and the risks of those alternatives. This is a comprehensive standard that ensures you have a complete picture before making a decision.

Importantly, Michigan law also makes clear that you are not required to sign an arbitration agreement as a condition of receiving medical care. If a provider implies that you must agree to arbitration before they will treat you, that is not accurate under Michigan law.

If you are reviewing a consent form in Michigan and see an arbitration clause, consider whether you want to accept it. You can ask to have it removed, or you can sign it knowing you have 60 days to revoke it.