Damages – Statutory cap – Failure to report child abuse or neglect

Where the plaintiff conservator for a minor child has moved for summary judgment contending that Michigan’s limitation on noneconomic damages in malpractice actions does not apply to her claim for failure to report child abuse or neglect under Mich. Comp. Laws 722.633, the motion should be denied because the cap does not apply to claims under 722.633 but the plaintiff has not asserted such a claim.

“Before the Court is a motion for partial summary judgment filed by Plaintiff Amy Tripp, the conservator for minor child RRKC. In her motion, Plaintiff contends that Michigan’s limitation on noneconomic damages in malpractice actions, Mich. Comp. Laws 600.1483, does not apply to her claim for failure to report child abuse or neglect under Michigan’s Child Protection Law, Mich. Comp. Laws 722.621, et seq. For the reasons set forth below, Plaintiff’s motion is DENIED.

“On or about April 5, 2021, Plaintiff submitted a claim for damage, injury, or death (‘Form 95’) with the United States Department of Health and Human Services on behalf of RRKC. Plaintiff subsequently initiated this action in federal court against Defendant United States of America on December 8, 2021.

“The substantive law of Michigan governs this dispute. In Michigan, medical malpractice actions are subject to a statutory cap on noneconomic damages. Mich. Comp. Laws 600.1483(1).

“Plaintiff does not dispute that this limitation on noneconomic damages applies to her claim for medical malpractice. Instead, Plaintiff argues that the cap does not apply to claims for failure to report child abuse or neglect under Mich. Comp. Laws 722.633. Defendant responds that there is no claim for failure to report child abuse in this case. As set forth below, the Court concludes that 600.1483 does not apply to claims under 722.633, but Plaintiff has not asserted such a claim in this case and cannot do so now.”

Tripp v. United States; MiLW 02-108046, 21 pages; U.S. District Court for the Eastern District of Michigan; Levy, J.

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