My husband is a construction worker who had surgery to replace his hip. I think the surgeon messed up and now my husband cannot walk. He has now lost his job and can’t work. My question is — Is there a cap on medical malpractice damages in Michigan?
Yes, but only on noneconomic damages. Under MCL 600.1483 noneconomic damages (e.g., pain and suffering) are capped at $280,000 plus an annual adjustment to reflect the consumer price index ($440,200 in 2014). The cap is increased to $500,000, adjusted yearly ($786,000 in 2014) for three exceptions: (1) the plaintiff suffers an injury to the brain or spinal cord rendering the plaintiff a hemiplegic, paraplegic, or quadriplegic and resulting in the functional loss of one or more limbs; (2) the plaintiff suffers permanent impairment of cognitive capacity that both prohibits the plaintiff from making independent,
reasonable life decisions and permanently renders him or her incapable of performing the activities of normal daily life; or (3) the plaintiff suffers a
permanent loss or damage to a reproductive organ that renders him or her unable to procreate. You should contact a lawyer immediately as there are notice and statute of limitations issues involved in malpractice cases.
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