The State of Michigan Department of Treasury has announced the 2017 Non-Economic Damages Caps for 2017 for medical malpractice claims. With respect to obtaining compensation for the injured plaintiff, Michigan – by statute – places a cap on the amount of noneconomic loss that a plaintiff may be awarded in a medical malpractice lawsuit. Noneconomic damages are designed to compensate for injuries and losses that are not easily quantified by a dollar amount, and traditionally include such categories as pain and suffering; emotional distress; inconvenience; embarrassment; and loss of consortium, love, and affection. The Michigan statute that governs the amount of noneconomic damages that can be awarded by a jury in a medical malpractice lawsuit, MCL 600.1483, also divides noneconomic damages into two categories, which are commonly referred to as the “lower tier cap” and “upper tier cap.” The lower cap applies to most cases, but the upper cap on noneconomic damages applies: If a plaintiff is made hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of one or more limbs caused by an injury to the brain or spinal cord;
If a plaintiff has permanently impaired cognitive capacity that renders them incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living; or
If there has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate.
Michigan’s caps, or limitations, on noneconomic damages are adjusted on a yearly basis based on the annual percentage change in the Detroit consumer price index, which was a net increase of 1.6% in 2016. Therefore, the total amount of noneconomic damages that can be awarded in a medical malpractice case in 2017 is $445,500 in cases when the lower tier cap applies, and $795,500 in cases in which the upper tier cap applies. Please contact Judy Sherman or Nick Nahorski at 734.742.1800 for additional information on this or other healthcare issues.
March 2017
2017 Non-Economic Damages Caps
The State of Michigan Department of Treasury has announced the 2017 Non-Economic Damages Caps for 2017 for medical malpractice claims. With respect to obtaining compensation for the injured plaintiff, Michigan – by statute – places a cap on the amount of noneconomic loss that a plaintiff may be awarded in
February 2017
Kim Sveska & Nicholas Nahorski to Speak at 2017 MPA Annual Convention & Exposition
FBMJ attorneys Kim Sveska and Nicholas Nahorski will be speaking at the upcoming Michigan Pharmacists Association (MPA) Annual Convention & Exposition to be held February 24-26, 2017 at the Detroit Marriott at the Renaissance Center. Their presentation titled “Legal Updates and More” will address the impact of the opioid epidemic
February 2017
Attorney Benjamin Fruchey Promoted to Associate Principal
Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce the promotion of attorney Benjamin Fruchey from Senior Associate to Associate Principal, effective February 1, 2017. Richard Baron, Member, made the announcement. Fruchey started with the firm in 2010 and specializes in the environmental and construction industries, representing clients on
January 2017
Greer: A Pain in the Rear(view)
Greer v Advantage Health has been a drama three years in the making. There’ve been highs, lows, and perhaps a few tears. But, all that is behind us now! Mostly… On January 6, 2017, Governor Rick Snyder signed Senate Bill 1104, which remedies the problem created in Greer by ensuring that plaintiffs are awarded
January 2017
Solid, Liquid or Gas: What’s the Matter with Vapor Intrusion?
Imagine yourself as the owner of a small company that is looking for additional office space needed to expand your business. Lo and behold, you find the perfect commercial building, on a busy street, in the town you want to be in, and at the right price. You scoop up
December 2016
FBMJ Hosts Movie Fundraiser to Help Friedreich’s Ataxia Patients
FBMJ is proud to sponsor a very special event, Friday, December 16, 2016 – a movie fundraiser featuring the highly anticipated premiere of the movie Rogue One: A Star Wars Story. This charity event will help support a cause that is near and dear to our hearts – helping find
November 2016
Juip Featured in Another Video in the Series, “Two Minutes, What’s the Risk?”
FBMJ Partner, Randall Juip was again featured in the continuing YouTube video series “Two Minutes, What’s the Risk?” produced by ProAssurance, a provider of innovative healthcare liability insurance solutions. In this video Juip explains that statistics show the question of whether a physician will be sued is not “if,” but “when.”
September 2016
Kim Sveska to Speak at 2016 MSHRM Fall Meeting
FBMJ’s Kim Sveska will be speaking at the upcoming Michigan Society of Healthcare Risk Management (MSHRM) Fall Meeting set for October 4th at the James B. Henry Center for Executive Development in Lansing. Sveska’s presentation titled “The Opioid Epidemic – What Happens to Health Care Professionals ‘Breaking Bad’” will address
September 2016
Randall Juip Featured in New Videos Released in the “Two Minutes, What’s the Risk?” Series
FBMJ Partner, Randall Juip was recently featured in a continuing YouTube video series “Two Minutes, What’s the Risk?” produced by ProAssurance, a provider of innovative healthcare liability insurance solutions. In this video, Randy explains the disconnect that often occur in the minds of jurors when physicians order various patient tests, but
July 2016
Randall Juip Featured on ProAssurance YouTube Video Series “Two Minutes, What’s the Risk?”
ProAssurance, a provider of innovative healthcare liability insurance solutions, recently featured Foley, Baron, Metzger & Juip Partner Randall Juip on its YouTube video series “Two Minutes, What’s the Risk?” In the video, Randy explains the importance of electronic health records (EHR) and charting in the context of litigation. In particular, he