Non-Economic Damages Caps in Michigan Medical Malpractice Cases for 2025
Michigan has released the inflation-adjusted medical malpractice damages caps for 2025:
High Cap = $1,047,000
Low Cap = $586,300
In this article, we explain what the caps are and how this can affect your medical malpractice settlement or trial recovery.
Medical malpractice claims in the state of Michigan are complicated. Medical negligence lawsuits have very specific document filing requirements and there are Statues of Limitations that impose time deadlines to initiate a case. Additionally, there are numerus other laws that make it difficult for patients to sue doctors and healthcare providers. One unfair law limits the amount of money patients and families can receive for non-economic damages such as pain and suffering. These limitations on damages affect the value of malpractice lawsuit settlements. It also means that no matter the amount a jury may award, the Court will limit the money a plaintiff can receive to either the high or low cap for pain and suffering damages. As medical negligence lawyers in Michigan that represent injured patients and their families, we feel it is our obligation to inform the public about the caps and how they affect medical malpractice claims in 2025. If you feel these caps are unjust, contact your local congressional representative.
What are Non-Economic Damages?
Non-economic damages are damages that do not have a specific monetary value, but the law recognizes damages stemming from medical malpractice are not always tangible or monetary. An example of this is the pain & suffering of the patient that is a direct result of the negligent act. Other examples include compensation for scarring, embarrassment (such as from a leaking ostomy that was necessary because of a delayed diagnosis of bowel perforation), loss of enjoyment of life (e.g., amputation of limbs caused by a delayed diagnosis of sepsis and need for vasopressors), or the loss of quality of your relationship with your injured spouse (called “loss of consortium”). When the patient dies from a medical error, the family can recover non-economic damages for the loss of their relationship with the patient in a wrongful death case.
In awarding non-economic damages, a jury considers the severity of the injury, the impact it still has on the patient (or their family) today, and the duration of the injury. For more examples of what non-economic damages are in medical malpractice cases, read our full article breaking them down.
While there is no direct monetary value or receipts to prove items like pain & suffering or physical disfigurement, there are other ways to prove these damages. Our medical negligence attorneys know how to present your non-economic damages in the best way possible to maximize your compensation. Our expert medical malpractice lawyers are ready to examine your damages and help evaluate your case. Connect with Hoffer & Sheremet today for a free case review.
When Did Limits on Non-Economic Damages Begin?
In 1995 the medical malpractice laws were reformed to create limits on non-economic damages in Michigan medical negligence cases. In addition to unfairly limiting a patient’s damages, “Tort Reform” imposed other requirements, such as the Notice of Intent requirement, the mandatory 182-day waiting period, strict expert witness rules, and other hurdles for patients. (Read more about these hurdles in our article, Medical Malpractice 101.) This was in response to cries from highly-compensated doctors about the cost of their malpractice premiums. There is no evidence that these measures have reduced health care costs or physician insurance premiums.
What are the Limits on Non-Economic Damages Today?
The numbers below represent the low and high caps, or limitations, that the Michigan legislature has set for 2025 malpractice lawsuit settlements. Here are a few examples of the types of cases that these limits affect: hypoxia settlements, sepsis malpractice settlements, birth injury lawsuit settlements, and wrongful death settlements in Michigan. The caps for 2025 non-economic damages in the state of Michigan are as follows:
$586,300 low cap
$1,047,000 high cap
The high cap of $1,047,000 is reserved for cases in which specific injuries have occurred because of a medical error. There are three such cases.
(1) The plaintiff is hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of 1 or more limbs caused by injury to the brain or spinal cord.
(2) The plaintiff has permanently impaired cognitive capacity rendering him or her incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living.
(3) There has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate. [MCL 600.1483.]
The low cap of $586,300 applies to all other medical malpractice and wrongful death cases.
What Does This Mean for My Medical Negligence Settlement?
Medical negligence settlements are impacted by the caps on non-economic damages. Why? Because it takes any “unknowns” off of the table. Defendants and their insurance companies always know their maximum exposure should they choose to proceed to trial instead of settle claims. The imposition of the caps, when viewed in this manner, actually hinders settlements.
That being said, we also know the maximum potential recovery (called a “blackboard number”). And we know that a medical malpractice lawsuit costs a lot of money to pay expert witnesses, filing fees, transcript fees, and other litigation costs. And it takes years for a case to get in front of a jury. With this knowledge, our expert medical negligence lawyers are able to advise our clients on a reasonable settlement amount taking into consideration the amount of money that would be saved in costs and the time-value of money.
If you’re looking for legal aid for birth injury claims, wrongful death claims, or general medical negligence claims, H/S Law is ready to investigate the damages you may be entitled to. Contact the best medical malpractice lawyers in Michigan for expert legal advice, we’re ready to hear what happened to you or your loved one.
You Need Our Top Medical Malpractice Lawyers in Michigan
Don’t try to go it alone or settle for less than the best! Michigan medical malpractice law is complex, and regulated by distinct statutes and other laws. Contact our expert attorneys today who have almost forty years of combined experience in Michigan medical malpractice cases. Give us a call, at 616.278.0888, during normal business hours, or fill out our intake form, and a member of our team will get back with you as soon as possible. H/S Law is here to listen.
For more reading about recoverable damages in medical malpractice cases, read this article.