Filing a claim for medical negligence can be a sticky process. A medical malpractice suit seeks to recover monetary damages caused when a health care provider, such as a doctor, nurse, or hospital, fails to perform their duty and the patient is injured as a result. However, negligence laws can be a bit tricky, and it's important to know what you are getting into.
Statute of Limitations
The statue of limitations is the law stating the maximum time after something happens (e.g. an act of medical negligence) that a person is allowed to file a lawsuit. In Michigan, the statute of limitations for professional malpractice is generally 2 years. However, if the act of negligence is not discovered within 2 years, but still within 6 years of the act of negligence actually taking place, the injured party may still file a claim, but must do so within six months of discovering the act of negligence.
Comparative vs. Contributory Negligence
Michigan uses the modified comparitive fault rule in negligence cases. What that means is that if the injured party was at fault 51% or more for the negligence that caused the injury, he is unable to recover any damages. If, however, the injured party is found to be 50% or less at fault, then he is eligible to recover damages in proportion to the amount he is found to be at fault.
Although it sounds confusing, it breaks down like this:
- Plaintiff is at fault 51% or more: no damages.
- Plaintiff is at fault 25%: damages, but amount will be reduced by 25%.
- Plaintiff is at fault 0%: damages should be recoverable in full.
Damage Caps
An important factor to consider when deciding whether or not to file suit is how much you might be awarded if the case is won. Michigan law prohibits plaintiffs from receiving what are known as "punitive" damages, which are intended to make a sort of bad example out of the guilty party. Michigan state law has further limited the amount of "compensatory" damages that can be awarded to a defendant as of 2010 are:
- $408,200 in most cases, except in the case of brain or spinal injury, in which case the cap is:
- $729,000 maximum.
Getting Legal Help
If you or someone you know has been injured as a result of medical negligence, you should contact an attorney as soon as possible. This article is intended for general information only and is not intended to replace the legal advice of an attorney.
