Our Michigan medical malpractice lawyers represent patients who have suffered injury or harm due to a medical error or medical mistake by a doctor, hospital, clinic, or nurse. Our goal in these cases is two-fold. First, we work hard to obtain fair compensation for the injury and harm caused to our clients from the medical malpractice. Second, we believe that our cases raise awareness in the medical community regarding the injuries caused by medical mistakes and this will hopefully prevent another patient from suffering the same type of harm.
Michigan Cases Subject to Medical Malpractice Damage Caps
In general, cases against a doctor, hospital, or other licensed medical professional are subject to the limits on damages. This includes negligence by a physician, nurse, or other licensed professional. Many times, the negligence was committed by an unlicensed person, like a nurse's aid, and under those circumstances the caps would not apply to damage limits. Other times, the negligent facility is not a licensed medical provider, like many assisted living facilites and AFC homes, and damage caps do not apply in those cases. Each case must be looked at carefully to determine if the damage cap limits apply.
Medical Malpractice Non-Economic Damage Cap Limits
With respect to obtaining compensation for the injured patient or family, the laws in Michigan place artificial caps on the amount of damages that a victim of medical malpractice can be awarded by a jury in a medical negligence 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 2015, the lower cap limit is $444,900 and the higher cap limit is $ 794,500. 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 Lawyer
To find out if you have a medical malpractice case and which damage cap would apply to your lawsuit, you should contact 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.