If the claimant has some degree of fault, which is unusual in malpractice cases, the defendants are severally liable only. However, upon a motion made within six months of the judgment, the court will reallocate any uncollectible amount among the other defendants according to their respective percentages of fault. Contribution Michigan affords joint tortfeasors who pay more than their share of a common liability a right of contribution. A tortfeasor who satisfies all or part of a judgment for which he is jointly liable is entitled to contribution only if the alleged contributee was made a party to the action and a reasonable effort was made to notify him of the commencement of the action. A tortfeasor who enters into a settlement with the claimant is entitled to bring an action for contribution when the contributee's liability was extinguished by the settlement, a reasonable effort was made to notify the contributee of the pendency of the settlement negotiations, and the contributee was given a reasonable opportunity to participate in the settlement negotiations.
Contribution is allocated on the basis of relative fault.
Contribution between two parties to an action may be enforced by motion, but contribution may also be sought in a separate action brought within one year after a final judgment or settlement payment. Vicarious Liability Michigan recognizes the doctrine of ostensible agency as a means of imposing liability on hospitals for the negligence of independently-contracted physicians. The critical factor in determining whether ostensible agency exists between a hospital and a physician is whether the patient reasonably looked to the hospital for treatment or merely viewed it as the site for treatment by his physician. The defendant's answer must be accompanied by a similar affidavit of meritorious defense. There is a split in opinion whether this is unconstitutional because it infringes on the Michigan Supreme Court's exclusive authority to establish rules of evidence.