What are the Michigan Medical Malpractice Damage Caps?
If you’ve been the victim of medical malpractice in Michigan, you may be wondering what your legal rights are, and the damages you are entitled to seek for your emotional and economic pain and suffering. Michigan does have caps for those filing medical malpractice lawsuits, depending on the injury and whether the damages are economic or non-economic. A hospital negligence lawyer can help you build your case so that you have the best chances of being awarded the maximum caps under Michigan state law.
Medical malpractice laws in Michigan
There are a few criteria you must meet first in order to move your medical malpractice case forward. You need to bring your case to an experienced malpractice lawyer who will help assemble the key pieces and facts of your case, including medical documentation and records.
Your medical attorney will then bring your case before a team of doctors and lawyers who will assess whether or not your case meets the minimum standards of medical malpractice. They will judge whether or not:
- Your injury is from a violation of the law’s standards of care
- Your injury was caused by a negligent act
- Your injury has resulted in economic and/or non-economic damages
If your case is approved, you will have two years from the date of the injury to file your claim. Under Michigan law, the statute of limitations runs out on most medical malpractice cases within two years of the injury, so it’s important to begin building your case with lawyers specializing in medical malpractice as soon as you discover your injury.
However, there are some instances where there is a delay in finding the source of the injury, and the patient has made several documented attempts to discover the source of their symptoms or health issues. In these cases, also known as the law of discovery, some judges may allow an exception to the two-year statute of limitations. The law of discovery, however, is also limited by a six-year-statute of limitations, or up to the age of 15 for a child.
There are two kinds of damages you can seek for medical malpractice in Michigan: economic and non-economic.
Economic damages are the real-number costs of your injury that can be quantified and documented. These include things such as lost wages, transportation costs, medical bills, in-home, and facility-therapy costs, care costs, and other financial burdens that are a direct result of your injury.
In Michigan, there are no caps to the amount of economic damages you can seek, although you will likely be limited to the actual number amount of the damages you have suffered. You will probably not receive more than the amount you can provide documentation for.
Non-economic damages account for the emotional, physical, and mental pain and suffering a victim endures as a result of their medical malpractice injury. These damages are not easily quantifiable, but it is clear that the victim’s and their family’s life has been altered by the effects of the injury.
Currently, there is a limit on the amount of damages you can seek in Michigan for non-economic damages. The total amount of damages a medical malpractice victim can seek is $489,000 for most cases.
For more severe cases the cap is $832,000, including those which involve:
- Total or partial paralysis
- Cognitive impairment
- Reproductive organ damage
Contact us today
If you believe you are the victim of medical malpractice, Eileen Kroll can help you build your malpractice case. Eileen is a uniquely-qualified hospital negligence lawyer because she is also a registered nurse. This knowledge of both Michigan law and medical care allows Eileen to assess your case in a way that will help you receive the most compensation you are owed for your injury.
Call us today at 1-866-MICH-LAW (1-866-642-4529) to speak with someone about beginning your medical malpractice claim.