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Michigan Legislators Introduce Bills to Limit Medical Malpractice Damages

By Lipton Law on May 17, 2012 - No comments

Republican representatives in Michigan’s state legislature have introduced several bills that change the rules on medical malpractice cases in Michigan, according to Michigan Lawyers Weekly. One of the bills’ main goals is to limit the types and amounts of damages that injured patients and their families can collect in medical malpractice cases.

Senate bills 1115, 1116, 1117, and 1118 all affect Michigan’s medical malpractice laws in various ways. One provision lumps damages for loss of household services, loss of companionship, and loss of consortium into the category “non-economic damages.” Non-economic damages, which typically also include damages for pain and suffering, are capped in Michigan. Loss of household services and related damages are currently considered “economic damages,” which are not capped, but this bill would place a cap on the combined total of damages for pain and suffering and these losses.

Another provision, appearing in Senate bill 1116, would change the standard for medical negligence. Rather than showing that a physician failed to meet the standard of care in the profession, a case would turn on whether the physician exercised a “professional judgment,” defined as “a reasonable and good-faith belief that the person’s conduct is both well founded in medicine and in the best interests of the patient.” Whether or not the physician exercised a professional judgment would be a question for the judge, not the jury.

At Lipton Law, our experienced Michigan medical malpractice attorneys can help you protect your legal rights and seek the compensation you need after an injury so that you can focus on getting well. For a free consultation, call us today at (248) 557-1688.

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