In Michigan, all cases involving allegations against a medical provider that allege professional negligence are subject to the medical malpractice caps on damages that limit the amount of money a jury can award a patient in a malpractice lawsuit. The amount of the cap is determined by the extent of the injury.
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.
For Michigan nursing home lawsuits alleging abuse or neglect, the caps on damages apply in circumstances where medical negligence is alleged or the injury is due to some type of medical judgment by the nursing home, physician, or skilled nursing staff. There are some circumstances in which the resident is injured from some other type of negligence, like food poisoning, scalding water burn injuries, and other injuries that do not constitute medical malpractice and are therefore not subject to any damage limits. There are also cases in which the negligence was committed by a non-licensed medical professional, like a CNA, and damage limits do not apply to many of those cases.
To find out if you have a nursing home lawsuit in Michigan, contact our award winning nursing home neglect lawyers at Buckfire & Buckfire P.C. at (800) 606-1717 to discuss your case. We will listen closely to your story and let you know if you have a case that can be pursued. We will explain nursing home settlements to you in further detail and answer all of your questions and concerns. Call today for your free consultation!