A healthcare provider made a mistake that could have injured you. But it didn’t. Can you sue the physician, surgeon, or healthcare facility for a medical error they could have made?
The answer is no. Damages are necessary for a medical malpractice claim in Michigan.
What Must a Patient Prove to Recover?
There are three elements to a medical malpractice claim. You and your Michigan medical malpractice attorney must prove each of the three to recover:
What are Economic and Non-Economic Damages?
There are two basic types of damages that a patient can recover in a medical malpractice lawsuit: economic and non-economic damages. Non-economic damages are damages for things such as pain and suffering, disfigurement, the loss of quality of life, disability, and the loss of consortium or companionship.
Economic damages include monetary losses suffered because malpractice such as hospital and other medical bills, the loss of earning capacity, lost income, vocational rehabilitation, household services, and any out-of-pocket expenses that are connected to the patient’s injuries. Non-economic damages are capped, but there’s no limit on the amount of economic damages patients may be awarded.
In 2021, the limitations on noneconomic damages in medical malpractice claims were increased to a limit of $851,000 for the “upper cap,” and the “lower cap” was upped to a maximum award of $476,600.
The upper cap is applicable if the medical malpractice victim claims an injury that falls into one or more of these categories:
The lower cap is applicable to all other cases of medical malpractice.
If you or a loved one has suffered harm due to an injury or complication you believe was an error by the physician, surgeon, or hospital, contact an experienced medical malpractice attorney at Buchanan Firm in Michigan for a free consultation. We can discuss your situation if you believe you’ve been injured as the result of medical malpractice and work through the types and amounts of damages you should recover.
Our firm serves Michiganders all over the state, including in major cities like Grand Rapids, Muskegon, Detroit, Lansing, Holland, St. Joe, and Ann Arbor, and rural towns such as Lowell, Ada, Fremont, Newaygo, Grand Haven, Rockford, and Cedar Springs. We will meet you after-hours, at home or in the hospital to accommodate you.
Contact us today!