Understanding Michigan’s Malpractice Damages Cap

Grewal Law: Clients having a consultation with an attorney.

When someone seeks compensation for their accident, they want to know how much they can receive. In some states, there are no caps on economic or noneconomic damages. However, that is not the case for Michigan. In this blog, we’ll break down the basics of Michigan’s medical malpractice damages cap, including your next steps to seeking compensation.

Medical Malpractice Cap

A cap sets the limit on the number of recoverable damages. According to Michigan law Section 600.1483, there is a cap on noneconomic damages. These damages include:

  • Pain and suffering
  • Anxiety
  • Stress
  • Loss of enjoyment of life
  • Physical impairment and disfigurement
  • Loss of companionship
  • Damage to reputation
  • Worsening of other injuries

Michigan has two types of caps for noneconomic damages. The upper cap is applied when the malpractice leads to a spinal cord injury that leads to a patient’s partial or total loss of function. The higher cap is also applied if the plaintiff can no longer make independent decisions or perform routine daily activities. Lastly, the upper cap is applied to cases where the malpractice caused permanent damage or loss of a reproductive organ.

The lower cap would apply in other situations that were not stated above.

The upper cap is adjusted each year. This year, the lower cap's limit was $280,000, whereas the upper cap’s limit was adjusted to $500,000. Changes to the caps are expected to be released each year towards the end of January.

If you have been injured as a result of a health care professional’s negligence, it’s crucial to understand that you can take action. Grewal Law PLLC offers free, confidential case evaluations so you can see what options are available to you. We have served clients in the Mid-Michigan area for numerous decades, and our team is available at any time, 24/7.

Call us at (888) 211-5798 or visit our website to fill out a consultation request form.

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