Before going further into the topic, let me give you some information about Michigan. Michigan is a state in U.S and has been named after Lake Michigan The word Michigan means “large lake” or “large water”. It has the longest freshwater shoreline and is the eight most populous states in U.S. People generally visit this state for recreational or camping purposes- due its’ cool climate and beautiful sceneries!

Medical malpractice is as referred to as medical negligence that occurs when a doctor or healthcare provider violates the general precaution rule when treating a patient, causing a patient to suffer an injury or wound. Medical malpractice occurs when the doctor fails to provide specific treatment for a disease; or fails to diagnose the medical condition of the patient; or there is an unreasonable delay in providing care or treatment of the patient.

In Michigan, the non-economic damages for malpractice are limited to $500,000.00 and are subjected annual adjustment as per inflation. According to the traditional source rule, a defendant cannot claim to reduce its liability by producing evidence that the plaintiff has received payment from other sources, like the plaintiff’s own insurance coverage or other policies. For all the cases of Medical Malpractice in Michigan, after a verdict is made, there is a compulsory offset for payments from collateral sources.

According the rule of joint and several liabilities, if more than one defendant is found responsible for the injury or loss suffered by a plaintiff, then each defendant is independently responsible for the entire amount of loss. If one defendant is unable to pay the amount, then other defendants are liable for the entire amount of the judgment. In Michigan, all the defendants are liable for damages in accordance to their degree of fault, except the case where a defendant is insolvent, in which that defendant’s share of damages is distributed among other defendants.

The claims for medical malpractice should be filed within two years or six months of discovery to a maximum period of six years following the date of the act. For the cases of medical practice which involve a minor less than eight years of age, the case begins to run on 10th birthday of the minor or within two-year medical malpractice statute of limitations, or whichever time period is more.  The contingent attorney fees are limited to 1/3rd of the recovery in cases of personal injury.

The medical malpractice cases can be very expensive and the costs usually exceed $100,000.00. Since, medical malpractice is a very complicated field, so you may not able to find a lawyer who is well-versed with issues of medical malpractice. So, in most of the cases, the injured person has to approach specialist firms dealing with the issue.

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