On January 27, 2021, the State of Michigan Department of Treasury announced the 2021 limitations on noneconomic damages in medical malpractice claims. The “upper cap” was adjusted to a limitation of $851,000, and the “lower cap” was adjusted to a limitation of $476,600.
These limitations are enacted by statute. MCL § 600.1483 defines “non-economic loss” as “damages or loss due to pain, suffering, inconvenience, physical impairment, or physical disfigurement, loss of society and companionship, … loss of consortium, or other noneconomic loss.” The two limitations on noneconomic damages are referred to as the “upper cap” and the “lower cap.” The upper cap applies only if the claimed medical malpractice results in one or more of the following scenarios:
The lower cap applies to other instances of medical malpractice.
The full certification, as posted by the State of Michigan Department of Treasury, can be found here.
Please contact one of Smith Haughey’s medical malpractice defense attorneys with any questions you might have.