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Damage Limits for Michigan Medical Malpractice Lawsuits

Our Michigan medical malpractice lawyers file lawsuits for patients who have suffered injury or harm due to a medical mistakes.  Unfortunately, many of these medical errors result in significant harm and even death to the patient.  A medical malpractice lawsuit seeks fair compensation for the injury and harm caused by medical negligence.

The laws in Michigan place damage limits that a victim of medical malpractice can be awarded by a jury in a medical malpractice lawsuit.  These caps, or limitations, on damages are set by the state statute below.

MCL 600.1483 Action for damages alleging medical malpractice; limitation on noneconomic damages; exceptions; itemizing damages into economic and noneconomic loss; “noneconomic loss” defined; adjusting limitation on noneconomic loss.

 (1) In an action for damages alleging medical malpractice by or against a person or party, the total amount of damages for noneconomic loss recoverable by all plaintiffs, resulting from the negligence of all defendants, shall not exceed $280,000.00 unless, as the result of the negligence of 1 or more of the defendants, 1 or more of the following exceptions apply as determined by the court pursuant to section 6304, in which case damages for noneconomic loss shall not exceed $500,000.00:

(a) The plaintiff is hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of 1 or more limbs caused by 1 or more of the following:

(i) Injury to the brain.

(ii) Injury to the spinal cord.

(b) The plaintiff has permanently impaired cognitive capacity rendering him or her incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living.

(c) There has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate.

(2) In awarding damages in an action alleging medical malpractice, the trier of fact shall itemize damages into damages for economic loss and damages for noneconomic loss.

(3) As used in this section, “noneconomic loss” means damages or loss due to pain, suffering, inconvenience, physical impairment, physical disfigurement, or other noneconomic loss.

The damage limit is adjusted every year by the state treasurer to account for inflation.  In 2013, the lower cap limit is $455,200 and the higher cap limit is $774,000.  These caps do not include amounts that can be awarded for medical expenses, lost wages or earnings, and for loss of services.  These “economic” losses can be added to the damage cap limits.

Contact A Michigan Medical Malpractice Lawsuit Attorney

To find out if you have a medical malpractice case and which damage cap would apply to your lawsuit, you should contact our medical malpractice lawyers immediately to discuss your case. We will handle your case under our No Fee Promise, which means there are no legal fees or costs unless you receive a settlement!

Call our office now at (800) 606-1717 to speak with one our experienced medical malpractice attorneys. Or, you can fill out the Get Help Now box on this page and press “Click to Send.”  One of our experienced lawyers will contact you shortly.

 

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