Recent Michigan News
December 2024 Newsletter
Michigan's medical liability reform laws threatened by rushed legislation In a rush to pass legislation backed by personal injury lawyers, Michigan lawmakers risk dismantling existing laws that have stabilized the state’s health care environment for three decades....
Rushed and Reckless Medical Liability Bill Reported from Committee
On December 4, 2024, the House Committee on Judiciary reported House Bill 6085, legislation that would dismantle medial liability provisions that have helped to stabilize Michigan’s liability environment for the past 30 years, to the full House of Representatives for...
October 2024 Newsletter
Reform would bring sunnier liability climate to Florida Past efforts to put reasonable limits on non-economic damages in medical liability cases have been a difficult sell to the Florida legislature - but many believe it's time to try again. Regina Brown, a retired...
Current Medical Liability Laws
| Damage Caps | There are two caps on noneconomic damages. (1) One cap applies to cases not covered by (2). This cap is adjusted annually for inflation and in 2024 was $569k. (2) A different cap applies where the plaintiff is hemiplegic, paraplegic, or quadriplegic due to an injury to the brain or spinal cord, or where the plaintiff has permanently impaired cognitive capacity, or the plaintiff has had a permanent loss of or damage to a reproductive organ, then noneconomic damages shall not exceed $500,000. In 2024 this cap was $1,106,000. |
| Joint Liability Reform | Defendants in Medical Malpractice suits are jointly and severally liable. All others are purely several. |
| Collateral Source Reform | Collateral Source Rule applies in tort cases. See Law v. Griffith, 930 N.E.2d 126 (Mass. 2010). But in cases of medical malpractice benefits from collateral sources must be disclosed and used to reduce recoverable economic damages, minus any amount paid by the claimant to secure the benefit. |
| Attorney Fees Limited | Benefits from collateral sources must be disclosed and used to reduce recoverable economic damages, minus any amount paid by the claimant to secure the benefit. |
| Periodic Payments Permitted | Rules limit contingency fees to one third of total compensation. |
Copyright © 2022 Protects Patients Now. All Rights Reserved.