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Buckfire & Buckfire, P.C.

Does Michigan have a damage cap for medical malpractice cases?

Michigan state statute MCL 600.1483 sets medical malpractice damage caps for victims looking to obtain compensation for both noneconomic damages and economic damages.   

There are two tiers of non-economic damage caps for medical malpractice cases.  To qualify for the higher cap, the medical malpractice victims must suffer an injury to a reproductive organ, loss of one or more limbs to a patient who is hemiplegic, paraplegic, or quadriplegic, brain injury, spinal cord injury, or the victim is permanently impaired cognitively.  All other injuries fall within the lower cap on damages.

For non-economic damages, the damage cap is adjusted every year by the state treasurer due to inflation. In 2012, the lower cap limit is $424,800 and the higher cap limit is $758,500.  These limits on damages do not include the economic loss damages, such as lost wages, loss of earnings, medical expenses, educational expenses, and attendant care service expenses.  Economic losses are not bound by any damage caps.

In cases involving the death of a patient, the lower cap typically applies but there are exceptions and circumstances that may trigger the higher damage cap.

To find out if you have a medical malpractice case and to learn which damage cap would apply to your lawsuit, call our office now at (800) 606-1717 to speak with one of our experienced medical malpractice attorneys. We will discuss your case with you so that you understand your legal rights and represent you under our No Fee Promise, meaning you do not pay any legal fees whatsoever until you receive a settlement. Call today for your free consultation!

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    Southfield, MI 48075
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