Medical malpractice is a complex and commonly misunderstood area of law in the United States, and each state enforces different laws pertaining to these cases. One of the most common questions people have when faced with these civil suits is how much compensation they can potentially secure if they succeed with their medical malpractice cases. In Michigan, medical malpractice is a type of personal injury, but there are unique statutes that apply specifically to these cases.
Goethel Engelhardt, PLLC, has years of experience representing Michigan clients in difficult malpractice suits. We develop individualized legal strategies for all clients we represent, helping them understand all the legal mechanisms that will come into play in their proceedings and guiding them through these cases with confidence. So many variables can influence your case award in a medical malpractice action, and the right medical malpractice attorney will make a tremendous difference in the quality of your award.
Claimable Damages for Michigan Medical Malpractice Suits
State law says that the plaintiff in a medical malpractice case can seek compensation for any and all economic damages they suffered because of the defendant’s actions. They also have the right to seek compensation for the physical pain and emotional trauma caused by the defendant. Depending on the scope and severity of the harm done by the defendant, the plaintiff could be legally entitled to claim compensation for:
- Medical expenses. The defendant’s actions likely caused harm requiring corrective medical treatment. If so, the defendant is responsible for the cost of any and all medical expenses incurred by the plaintiff because of their actions. Your attorney will be invaluable for proving the full scope of immediate and future medical expenses you face from the incident in question.
- Lost income. The injury you suffered may have prevented you from working for an extended time, and the defendant is liable for the income you were unable to earn while you recovered. If you suffered a permanent disability from their actions and cannot return to work at all, the defendant is liable for your lost future earning capacity as well. This can be difficult to calculate, and the total you receive for lost earning potential hinges on how much you were earning prior to the injury and how long you would have reasonably expected to continue working if you had not been injured.
- Pain and suffering. You have the right to hold the defendant accountable for the intangible effects of their actions, specifically the pain and suffering they caused. State law limits this aspect of your recovery, but your attorney can help you make a compelling argument to secure as much as the law allows.
Many other variables could potentially come into play in your medical malpractice case, and the sooner you secure legal counsel, the better your chances will be of maximizing your case award. Your attorney will help you meet the initial demands of your case, secure the expert medical testimony you will need to form the basis of your claim, and help you explore the full scope of damages you could recover from the defendant.
Filing a medical malpractice case is far more demanding than filing any other type of civil claim in Michigan. The plaintiff faces very strict procedural requirements and legal prerequisites they must meet to succeed with their claim, and they have a limited time in which to do so. Goethel Engelhardt, PLLC, has years of experience handling medical malpractice cases for our clients throughout Michigan; we are often able to secure more compensation than our client initially anticipates at the outset of their case. While you do face some restrictions in terms of the recovery available in your malpractice case, we will do everything in our power to maximize your case award as much as state law allows.
FAQs About Michigan Average Medical Malpractice Settlement
Are There Caps on Damages in Michigan Medical Malpractice Cases?
A medical malpractice case typically involves both economic and non-economic damages. There is no limit on economic damages, and the plaintiff can usually expect full repayment of the total financial impact of their injury. However, pain and suffering compensation for medical malpractice is capped, and the cap adjusts annually for inflation.
What Is the Most Common Type of Medical Malpractice?
Misdiagnosis, delayed diagnosis, and other diagnostic errors are the leading cause of medical malpractice claims in Michigan and throughout the United States. When a diagnosing physician fails to accurately assess their patient’s condition or delivers an incorrect diagnosis, this can have many damaging effects. The patient’s actual condition will likely go unaddressed, and improper treatments based on a faulty diagnosis can be tremendously harmful.
How Many Medical Malpractice Claims Are Filed in the United States Each Year?
On average, roughly 20,000 medical malpractice lawsuits are filed throughout the country each year. However, research from Johns Hopkins University and multiple other sources report that the actual number of malpractice cases is much higher, with some estimates of 250,000 or more malpractice-related deaths in the United States each year. Unfortunately, despite the fact that thousands of patients trust their medical care teams to provide safe and reliable treatment, medical negligence consistently ranks among the top reported causes of accidental injuries and deaths in the United States every year.
How Much Compensation Can I Recover for Medical Malpractice?
Each state has different laws pertaining to medical malpractice and the damages available to claimants in these cases. In Michigan, you have the right to claim full repayment of any and all economic losses you faced because of the medical malpractice you suffered, and you can also recover pain and suffering compensation within the state’s limit for non-economic damages. The best way to maximize your case award is by hiring an experienced medical malpractice attorney to represent you.
Goethel Engelhardt, PLLC, has built a strong reputation as a leading choice for legal representation in Michigan medical malpractice cases. We take time to learn as much as possible about each client’s unique needs, helping them determine the full scope of recovery options. If you have questions about a potential medical malpractice case, contact us today to schedule a consultation with our firm.