Michigan's Non-Economic Damages Cap in Medical Malpractice
Michigan is one of the states that places a cap on non-economic damages (pain and suffering, loss of enjoyment of life, emotional distress) in medical malpractice cases under MCL § 600.1483. These caps adjust annually for inflation and apply only to non-economic damages — there is no cap on economic damages such as medical bills, lost wages, and future care costs.
Current Cap Amounts
Michigan medical malpractice damages caps are adjusted annually by the State Treasurer based on the Consumer Price Index. The standard non-economic damages cap applies to most malpractice cases. A higher cap applies in cases involving the most severe injuries: permanent loss of a vital bodily function, permanent cognitive impairment, or death. Koussan Law tracks these annual adjustments and ensures every client's claim accounts for the current cap levels. The distinction between which cap applies can mean hundreds of thousands of dollars in additional recovery.
What the Caps Cover and What They Don't
The caps apply only to non-economic damages — pain and suffering, loss of consortium, emotional distress, and similar intangible losses. Economic damages are unlimited: past and future medical expenses, lost wages, lost earning capacity, rehabilitation costs, home modifications, and attendant care. In catastrophic injury cases, economic damages often far exceed non-economic damages. Koussan Law meticulously documents every economic loss to maximize the uncapped portion of your recovery.
Michigan's Strict Procedural Requirements
Medical malpractice cases in Michigan require compliance with procedural steps that do not apply to other personal injury cases. You must serve a Notice of Intent (NOI) on the healthcare provider at least 182 days before filing suit under MCL § 600.2912b. You must file an Affidavit of Merit signed by a qualified medical expert under MCL § 600.2912d. And you must file suit within the two-year statute of limitations (or six months from discovery). Missing any of these requirements can destroy an otherwise strong case.
The Standard of Care
Medical malpractice requires proving that the healthcare provider breached the standard of care — the level of treatment a reasonably competent provider in the same specialty would have delivered. This requires expert medical testimony from a physician in the same or similar specialty. Koussan Law works with top medical experts across Michigan and nationally to establish breach of the standard of care.
Our Track Record in Medical Malpractice
Ali Koussan secured a $14,950,000 jury verdict in a medical malpractice case against Pontiac General Hospital in February 2026 — trying the case solo against four defense attorneys. This result demonstrates that aggressive, prepared trial attorneys can achieve extraordinary outcomes even in capped cases, because the economic damages component is unlimited.
If you believe you or a loved one was harmed by medical negligence, call Koussan Law at (313) 800-0000 for a free consultation.
