Michigan’s Artificial Damages Limit In Malpractice Cases
The State of Michigan imposes limits to recovery for medical malpractice cases. No matter how seriously injured you are, there is a maximum recovery you can obtain for non-economic damages, which include pain and suffering, loss of enjoyment of life, scarring and disfigurement, and similar damages. This amount increases slightly every year. There is no limit to the amount that you can receive for your economic losses, like lost earnings, medical expenses, and future similar expenses for your lifetime.
Michigan was one of the first states to pass such a law. Despite being unfair and unjust, it has been held constitutional by the Michigan Supreme Court. It is not surprising that the majority of judges on the court that determined that the law is constitutional were appointed to their position because of insurance company money and lobbyists from the medical profession. The law is ridiculous because it puts limits on cases brought by Michigan malpractice victims with the most serious injuries and does nothing to reduce the number filings of so called “frivolous cases.”
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