Since 1993, Michigan has placed a limitation on the total amount of damages for non-economic loss that are recoverable in a medical malpractice action. The current limitation is enacted by statute in MCL § 600.1483. “Non-economic loss” is defined under the statute to mean damages or loss due to pain, suffering, inconvenience, physical impairment, physical disfigurement, loss of society and companionship, loss of consortium, and other non-economic loss.
MCL § 600.1483 divides the limitations on non-economic damages into two categories, which are commonly referred to as the “upper tier cap” and the “lower tier cap.” The upper tier cap applies only if the claimed medical malpractice results in one of the following instances:
1. The plaintiff is hemiplegic, paraplegic, or quadriplegic resulting in total permanent functional loss of one or more limbs caused by injury to the brain and/or spinal cord;
2. The plaintiff has permanently impaired cognitive capacity rendering him/her incapable of making independent, reasonable life decisions and permanently incapable of independently performing the activities of normal, daily living; or
3. The plaintiff has suffered permanent loss or damage to a reproductive organ resulting in the inability to procreate.
The lower tier cap applies to all other instances of medical malpractice.
On January 19, 2018, the State of Michigan Department of Treasury announced the limitations placed on non-economic damages for medical malpractice claims in Michigan in 2018. The State Treasurer adjusts the limitations on non-economic damages annually based upon the annual percentage change in the consumer price index. The annual percentage change in the Detroit consumer price index for the 2017 calendar years was 2.1%. Therefore, the upper tier cap for 2018 has been adjusted to a limitation of $812,500, and the lower tier cap has been adjusted to a limitation of $455,500.
Please contact Tony Pignotti at 734.742.1800 for additional information on this or other healthcare issues.
February 2018
2018 Michigan Non-Economic Damages Caps
Since 1993, Michigan has placed a limitation on the total amount of damages for non-economic loss that are recoverable in a medical malpractice action. The current limitation is enacted by statute in MCL § 600.1483. “Non-economic loss” is defined under the statute to mean damages or loss due to pain,
February 2018
Perfluoroalkyl Compounds: An Emerging Contaminant in Michigan
FBMJ attorneys Richard Baron, Benjamin Fruchey and Nicholas Andrew co-authored “Perfluoroalkyl Compounds: An Emerging Contaminant in Michigan,” published in the Fall 2017 issue of the State Bar of Michigan Environmental Law Journal. The article focuses on the impact of poly- and perfluoroalkyl substances (PFASs) as emerging contaminants in the State of
January 2018
FBMJ Attorneys Co-Author Article for CLM – “Emerging Contaminants – What You Need to Know About PFASs”
Richard Baron, Benjamin Fruchey and Nicholas Andrew co-authored “Emerging Contaminants – What You Need to Know About PFASs,” published in the December, 2017 issue of CLM Magazine. The article focuses on the impact of poly- and perfluoroalkyl substances (PFASs) as emerging contaminants, and how the associated health and environmental consequences
December 2017
FBMJ Hosts 2nd Annual Fundraiser to Help Friedreich’s Ataxia Patients
FBMJ is proud to once again sponsor a very special event, Friday, December 15, 2017 – a movie fundraiser featuring the highly anticipated premiere of the movie Star Wars: The Last Jedi. This charity event will help support a cause that is near and dear to our hearts – helping
December 2017
Attorney Richard Baron Presents Fracking Webinar
FBMJ attorney, Richard Baron, along with Texas attorney Rebecca Jo Reser, delivered a presentation entitled “Fracking and Insurance Coverage Issues” as part of the quarterly meeting of the Environmental & Toxic Tort Section of the Claims and Litigation Management Alliance (CLM). The presentation focused on the hydraulic fracturing (“fracking”) process,
November 2017
Cannabis Licenses Carry High Capitalization Costs
As has long been suspected, the state announced last week that those seeking licenses from the Michigan Bureau of Medical Marihuana Regulation (BMMR) beginning in December will undergo an evaluation of their capitalization. In other words, the state intends to evaluate an applicant’s ability to operate and maintain a marijuana
November 2017
Medical Marijuana Dispensaries Can Continue to Operate
After more than two months of mixed signals, current medical marijuana users in Michigan will be relieved to hear that the Michigan Bureau of Medical Marihuana Regulation (BMMR) will not force existing dispensaries to close prior to the implementation of the Medical Marihuana Facilities Licensing Act (MMFLA) next month. The
November 2017
Emerging Contaminants, Emerging Concerns
Most contaminants share a common trait: stop its release and the ecosystem will dilute the concentrations or degrade the contaminant until it is no longer a threat to human health or the environment. Yet greater attention and scrutiny is now being focused on the potential harmful effects of poly- and
November 2017
FBMJ Attorneys Present at Wound Care Conference
On November 2, 2017, FBMJ attorneys Clyde Metzger and Mitchell Jackson presented at Saint Joseph Mercy Health’s Wound Care Conference, which is designed to educate healthcare providers regarding clinical interventions to prevent skin breakdown and legal concerns related to hospital-acquired pressure injuries. Their presentation titled, “Steering Clear of Pains in the
October 2017
Joseph McGill Presents to SBM Probate & Estate Planning Section
FBMJ attorney Joseph McGill presented at the State Bar of Michigan’s (SBM) Probate and Estate Planning Section meeting held on October 14, 2017 in Lansing, MI. McGill, who is a member of the SBM Board of Commissioners, serves as its liaison to the Probate and Estate Planning Section of the