Health Justice Transformation - Michigan

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$280,000 cap on non-economic damages, adjusted annually for inflation, except in cases where the plaintiff is hemiplegic, paraplegic, or quadriplegic due to an injury to the brain or spinal cord or where the plaintiff has permanent impaired cognitive capacity.

Joint Liability for Multiple Defendants

No. Defendants are jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes, benefits from collateral sources must be disclosed and used to reduce recoverable economic damages, less any amount paid by plaintiff to secure the benefit.

Provisions for the Periodic Payment of Damages Over Time Fees

No

Limitation of Plaintiff’s Attorneys Fees

Rules limit contingency fees to 33.3% of total compensation.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Voluntary binding arbitration of medical malpractice claims may proceed if agreed to and the alleged damages total less than $75,000. The arbitrator shall issue a written decision and specify a dollar amount of the award. A judge may order a case to proceed to a mediation panel. Within 14 days of the hearing, the panel shall submit a written evaluation including its finding regarding the applicable standard of care. Each party may decide to accept or reject the mediation panel's decision. If rejected the case proceeds to trial. If the party rejecting the panel's decision and the case proceeds to trial, that party shall pay the opposing party's actual costs unless the verdict is more favorable to the rejecting party's than the panel's recommendation. If the opposing party also rejected the panel's decision, that party is entitled to costs only if the verdict is more favorable to that party than the panel's recommendation.

Standards for Expert Testimony/Witness

Expert testimony is generally required to establish negligence in a medical malpractice case.