REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.1483 Claim for damages alleging medical malpractice; limitation on noneconomic damages; exceptions; itemizing damages into economic and noneconomic loss; “noneconomic loss” defined; adjusting limitations on noneconomic loss.
Sec. 1483.
(1) In a claim for damages alleging medical malpractice by or against a person or party, the total amount of damages for noneconomic loss recoverable by all plaintiffs, resulting from the medical malpractice of all defendants, shall not exceed $280,000.00 unless, as the result of the negligence of 1 or more of the defendants, 1 or more of the following exceptions apply as determined by the court pursuant to section 6304, in which case damages for noneconomic loss shall not exceed $500,000.00:
(a) The plaintiff is hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of 1 or more limbs caused by 1 or more of the following:
(i) Injury to the brain.
(ii) Injury to the spinal cord.
(b) 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.
(c) There has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate.
(2) In awarding damages in an action alleging medical malpractice, the trier of fact shall itemize damages into damages for economic loss and damages for noneconomic loss.
(3) As used in this section, "noneconomic loss" means damages or loss due to pain, suffering, inconvenience, physical impairment, or physical disfigurement, loss of society and companionship, whether claimed under section 2922 or otherwise, loss of consortium, or other noneconomic loss.
(4) Beginning April 1, 1994, the state treasurer shall adjust the limitations on damages for noneconomic loss set forth in subsection (1) by amounts determined by the state treasurer at the end of each calendar year to reflect the cumulative annual percentage change in the consumer price index. As used in this subsection, "consumer price index" means the most comprehensive index of consumer prices available for this state from the bureau of labor statistics of the United States department of labor.
History: Add. 1986, Act 178, Eff. Oct. 1, 1986 ;-- Am. 1993, Act 78, Eff. Apr. 1, 1994 ;-- Am. 2012, Act 608, Eff. Mar. 28, 2013
Compiler's Notes:
Enacting section 3 of Act 178 of 1986 provides:
“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.
“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.
“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.
“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.
“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.
“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”
Enacting section 4 of Act 78 of 1993 provide;
"Section 4. (1) Sections 1483, 2912a, 5838a, 5851, and 5856 of Act No. 236 of the Public Acts of 1961, as amended by by this amendatory act, do not apply to causes of action arising before October 1, 1993.
"(2) Section 2912f of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, applies to causes of action arising on or after October 1, 1993.
"(3) Sections 2169, 2912d, 2912e, 6013, and 6304 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, do not apply to cases filed before October 1, 1993.
"(4) Sections 2912b, 2912g, and 2912h of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, apply to cases filed on or after October 1, 1993."
Enacting section 1 of Act 608 of 2012 provides:
"Enacting section 1. Sections 1483, 2959, 6306, and 6307 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1483, 600.2959, 600.6306, and 600.6307, as amended by this amendatory act and section 6306a of the revised judicature act of 1961, 1961 PA 236, MCL 600.6306a, as added by this amendatory act apply only to actions in which the cause of action arose on or after the effective date of this amendatory act."
Notes of Decisions
Cited in
65
cases (
12 in the last 5 years), 1986–2025 · leading case:
Velez v. Tuma, 821 N.W.2d 432 (Mich. 2012).
Velez v. Tuma, 821 N.W.2d 432 (Mich. 2012).
· cites it 72× “This case therefore concerns the interplay between the common-law setoff rule, whereby a jointly and severally liable tortfeasor is entitled to a setoff from any adverse verdict in the amount of the cotortfeasor’s settlement, and the noneconomic damages cap of MCL 600.1483,…”
Zdrojewski v. Murphy, 657 N.W.2d 721 (Mich. Ct. App. 2003).
· cites it 42× “[7] MCL 600.1483 states, in pertinent part: (1) In an action for damages alleging medical malpractice by or against a person or party, the total amount of damages for noneconomic loss recoverable by all plaintiffs, resulting from the negligence of all defendants, shall not…”
Johnnie F Shinholster v. Annapolis Hosp, 471 Mich. 540 (Mich. 2004).
· cites it 36× “6304 permits a trier of fact in a medical malpractice action to consider the plaintiff’s own pre-treatment negligence to offset, at least in part, the defendant’s fault; (2) whether the medical malpractice noneconomic damages cap of MCL 600.1483 applies to a wrongful death…”
Wiley v. Henry Ford Cottage Hosp., 668 N.W.2d 402 (Mich. Ct. App. 2003).
· cites it 20× “" Therefore, the disputed conduct was either not improper, or it was harmless and did not have a controlling influence on the verdict. IV. Caps on Noneconomic Damages Defendant next argues that the trial court erred in denying its request to apply the statutory cap on…”
Jenkins v. Patel, 684 N.W.2d 346 (Mich. 2004).
· cites it 20× “§ 600.1483, also referred to as the medical malpractice noneconomic damages cap, provides, in pertinent part: (1) In an action for damages alleging medical malpractice by or against a person or party, the total amount of damages for noneconomic loss recoverable by all…”
Dawe v. Dr Reuvan Bar-Levav & Assocs., Pc, 761 N.W.2d 318 (Mich. Ct. App. 2008).
· cites it 46× “THE APPLICABLE DAMAGES CAP Finally, defendants argue that the trial court erred when it applied the damages cap imposed by MCL 600.1483 that was in effect on the date that the trial court entered the judgment against defendants rather than the cap in effect on the date plaintiff…”
Ykimoff v. W a Foote Mem'l Hosp., 776 N.W.2d 114 (Mich. Ct. App. 2009).
· cites it 12× “NONECONOMIC DAMAGES CAP In a medical malpractice action, MCL 600.1483 controls an award of damages for noneconomic loss.”
Thorn v. Mercy Mem'l Hosp. Corp., 761 N.W.2d 414 (Mich. Ct. App. 2008).
· cites it 18× “Alternatively, defendants contend that plaintiffs claim for loss of services is merely a factor included in the damages for loss of society and companionship and is, therefore, noneconomic in nature and subject to the damages cap of MCL 600.1483. *647 Plaintiff responded that…”
Young v. Nandi, 740 N.W.2d 508 (Mich. Ct. App. 2007).
· cites it 18× “It is uncontested that MCL 600.1483, which imposes noneconomic damages caps, applies to wrongful death actions premised on medical malpractice claims.”
Jenkins v. Patel, 662 N.W.2d 453 (Mich. Ct. App. 2003).
· cites it 18× “] MCL 600.1483 in its current version has a two-tiered damages cap.”
— Mich. Comp. Laws § 600.1483(1) — 24 cases
Velez v. Tuma, 821 N.W.2d 432 (Mich. 2012).
“This case therefore concerns the interplay between the common-law setoff rule, whereby a jointly and severally liable tortfeasor is entitled to a setoff from any adverse verdict in the amount of the cotortfeasor’s settlement, and the noneconomic damages cap of MCL 600.1483,…”
Johnnie F Shinholster v. Annapolis Hosp, 471 Mich. 540 (Mich. 2004).
“6304 permits a trier of fact in a medical malpractice action to consider the plaintiff’s own pre-treatment negligence to offset, at least in part, the defendant’s fault; (2) whether the medical malpractice noneconomic damages cap of MCL 600.1483 applies to a wrongful death…”
Jenkins v. Patel, 684 N.W.2d 346 (Mich. 2004).
“§ 600.1483, also referred to as the medical malpractice noneconomic damages cap, provides, in pertinent part: (1) In an action for damages alleging medical malpractice by or against a person or party, the total amount of damages for noneconomic loss recoverable by all…”
Young v. Nandi, 740 N.W.2d 508 (Mich. Ct. App. 2007).
“It is uncontested that MCL 600.1483, which imposes noneconomic damages caps, applies to wrongful death actions premised on medical malpractice claims.”
— Mich. Comp. Laws § 600.1483(1)(a) — 8 cases
Johnnie F Shinholster v. Annapolis Hosp, 471 Mich. 540 (Mich. 2004).
“6304 permits a trier of fact in a medical malpractice action to consider the plaintiff’s own pre-treatment negligence to offset, at least in part, the defendant’s fault; (2) whether the medical malpractice noneconomic damages cap of MCL 600.1483 applies to a wrongful death…”
Dawe v. Dr Reuvan Bar-Levav & Assocs., Pc, 761 N.W.2d 318 (Mich. Ct. App. 2008).
“THE APPLICABLE DAMAGES CAP Finally, defendants argue that the trial court erred when it applied the damages cap imposed by MCL 600.1483 that was in effect on the date that the trial court entered the judgment against defendants rather than the cap in effect on the date plaintiff…”
Jenkins v. Patel, 662 N.W.2d 453 (Mich. Ct. App. 2003).
“] MCL 600.1483 in its current version has a two-tiered damages cap.”
— Mich. Comp. Laws § 600.1483(1)(a)(ii) — 1 case
— Mich. Comp. Laws § 600.1483(1)(b) — 1 case
— Mich. Comp. Laws § 600.1483(1)(c) — 2 cases
Ykimoff v. W a Foote Mem'l Hosp., 776 N.W.2d 114 (Mich. Ct. App. 2009).
“NONECONOMIC DAMAGES CAP In a medical malpractice action, MCL 600.1483 controls an award of damages for noneconomic loss.”
— Mich. Comp. Laws § 600.1483(1)(f) — 1 case
— Mich. Comp. Laws § 600.1483(1)(g) — 2 cases
— Mich. Comp. Laws § 600.1483(2) — 7 cases
Velez v. Tuma, 821 N.W.2d 432 (Mich. 2012).
“This case therefore concerns the interplay between the common-law setoff rule, whereby a jointly and severally liable tortfeasor is entitled to a setoff from any adverse verdict in the amount of the cotortfeasor’s settlement, and the noneconomic damages cap of MCL 600.1483,…”
Thorn v. Mercy Mem'l Hosp. Corp., 761 N.W.2d 414 (Mich. Ct. App. 2008).
“Alternatively, defendants contend that plaintiffs claim for loss of services is merely a factor included in the damages for loss of society and companionship and is, therefore, noneconomic in nature and subject to the damages cap of MCL 600.1483. *647 Plaintiff responded that…”
— Mich. Comp. Laws § 600.1483(3) — 12 cases
Velez v. Tuma, 821 N.W.2d 432 (Mich. 2012).
“This case therefore concerns the interplay between the common-law setoff rule, whereby a jointly and severally liable tortfeasor is entitled to a setoff from any adverse verdict in the amount of the cotortfeasor’s settlement, and the noneconomic damages cap of MCL 600.1483,…”
Jenkins v. Patel, 662 N.W.2d 453 (Mich. Ct. App. 2003).
“] MCL 600.1483 in its current version has a two-tiered damages cap.”
Thorn v. Mercy Mem'l Hosp. Corp., 761 N.W.2d 414 (Mich. Ct. App. 2008).
“Alternatively, defendants contend that plaintiffs claim for loss of services is merely a factor included in the damages for loss of society and companionship and is, therefore, noneconomic in nature and subject to the damages cap of MCL 600.1483. *647 Plaintiff responded that…”
Dawe v. Dr Reuvan Bar-Levav & Assocs., Pc, 761 N.W.2d 318 (Mich. Ct. App. 2008).
“THE APPLICABLE DAMAGES CAP Finally, defendants argue that the trial court erred when it applied the damages cap imposed by MCL 600.1483 that was in effect on the date that the trial court entered the judgment against defendants rather than the cap in effect on the date plaintiff…”
— Mich. Comp. Laws § 600.1483(4) — 6 cases
Velez v. Tuma, 821 N.W.2d 432 (Mich. 2012).
“This case therefore concerns the interplay between the common-law setoff rule, whereby a jointly and severally liable tortfeasor is entitled to a setoff from any adverse verdict in the amount of the cotortfeasor’s settlement, and the noneconomic damages cap of MCL 600.1483,…”
Jenkins v. Patel, 684 N.W.2d 346 (Mich. 2004).
“§ 600.1483, also referred to as the medical malpractice noneconomic damages cap, provides, in pertinent part: (1) In an action for damages alleging medical malpractice by or against a person or party, the total amount of damages for noneconomic loss recoverable by all…”
Dawe v. Dr Reuvan Bar-Levav & Assocs., Pc, 761 N.W.2d 318 (Mich. Ct. App. 2008).
“THE APPLICABLE DAMAGES CAP Finally, defendants argue that the trial court erred when it applied the damages cap imposed by MCL 600.1483 that was in effect on the date that the trial court entered the judgment against defendants rather than the cap in effect on the date plaintiff…”
— Mich. Comp. Laws § 600.1483(a) — 2 cases
— Mich. Comp. Laws § 600.1483(l)(a) — 3 cases
Johnnie F Shinholster v. Annapolis Hosp, 471 Mich. 540 (Mich. 2004).
“6304 permits a trier of fact in a medical malpractice action to consider the plaintiff’s own pre-treatment negligence to offset, at least in part, the defendant’s fault; (2) whether the medical malpractice noneconomic damages cap of MCL 600.1483 applies to a wrongful death…”
— Mich. Comp. Laws § 600.1483(l)(b) — 1 case
Young v. Nandi, 740 N.W.2d 508 (Mich. Ct. App. 2007).
“It is uncontested that MCL 600.1483, which imposes noneconomic damages caps, applies to wrongful death actions premised on medical malpractice claims.”
— Mich. Comp. Laws § 600.1483(l)(g) — 1 case
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