The amount of a medical malpractice lawsuit settlement depends on a number of factors. These factors include whether negligence can be proven against the doctor or hospital, the insurance policy limits for medical malpractice claims, the county where the case is pending, and the nature and extent of the damages of the victim of the malpractice. There are also statutory limits (or caps on damages) that affect the amount of a settlement.
There are two tiers of non-economic damage caps for medical malpractice cases. To qualify for the higher cap, the medical malpractice victim 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 lawsuit in Michigan, contact our award winning medical malpractice 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 medical malpractice settlements to you in further detail and answer all of your questions and concerns. Call today for your free consultation!