Please call us at

Building a strong damages defense essential in medical malpractice litigation

In our last post, we mentioned a recently passed Senate bill which would close a loophole in state law that can allow medical malpractice plaintiffs to be awarded damages for medical costs which exceed the actual costs to the plaintiff. The aim of the bill is to prevent medical malpractice plaintiffs from obtaining a windfall through litigation.

For physicians who are accused of medical malpractice, again, it is critical to mount a strong defense not only on the issue of liability, but also with respect to damages. Damages in medical malpractice claims are of two basic types: economic and non-economic. The former include things like medical care and expenses, lost wages and lost earning capacity. 

Non-economic damages are different from economic damages in that they encompass losses which cannot readily be monetized. They include things like physical and suffering, mental distress and anxiety, loss of enjoyment of life, disfigurement, and loss of consortium, if a spouse is involved. While economic damages play an important role in medical malpractice litigation, non-economic damages can also add a lot of liability for accused physicians. Fortunately, state law does limit the amount of non-economic damages a plaintiff may obtain in litigation.

Regardless of the circumstances of a medical malpractice case, it is essential to ensure that a plaintiff doesn’t run away with a damages case and obtain more than is fair and just. An experienced medical malpractice attorney can help ensure that an accused physician has the best possible defense on this any other issues, and that the physician is best positioned for a favorable outcome. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Need Legal Advice?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Farmington Hills Office
200 Kaufman Financial Center
30833 Northwestern Hwy.
Farmington Hills, MI 48334

Phone: 248-626-5000

Maps & Directions