In the State of Michigan is there a legal limitation on the amount you can sue for medical malpractice.

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September 18, 2010 Medical Malpractice Suit In State of Michigan if a physician does severe bodily damage, during a major surgery procedure and a lawsuit is filed. Is there a legal limitation on the amount that the doctor can be sued for or is the sky the limit.

Attorney Answer

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William Eadie ·
First, let me recommend that you hire an attorney for something as complicated as a medical malpractice lawsuit. You can find one in your area by searching here on attorneyqna.com. In terms of limitations, yes, there are limitations on damages under Michigan law. Start with Mich. Comp. Laws Ann. § 600.1483 (http://legislature.mi.gov/doc.aspx?mcl-600-1483), which lists the following: "(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." This amount is increased annually by the consumer price index. The State Treasurer of the State of Michigan certified the 2010 amounts here: http://www.michigan.gov/documents/nonecolimit101_3658_7.pdf. Again, this is a complicated area of law in which a lawyer is critical to ensuring you do not fall victim to any number of legal pitfalls, and that you properly value your damages. Was this helpful? Please let me know by clicking the "thumbs-up" image at the bottom of this post. It’s a free little way to say thanks. Thanks! William Eadie www.spanglaw.com Disclaimer: I am a lawyer licensed in the State of Ohio only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.
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