My mother committed suicide after waiting for a medical malpractice claim that had been ongoing for 4 1/2 years. She had surgical equipment ...

Question

My mother committed suicide after waiting for a medical malpractice claim that had been ongoing for 4 1/2 years. She had surgical equipment left in her after a procedure. She gained a lot of weight and became very depressed due to not being able to work any longer. The attorney is stating that the settlement amount will significantly decrease due to her being gone, but changed the case to a wrongful death and stating my Mother took her life due to being destitute (which was true). He states the Michigan Cap is 411,300. Shouldn't we be entitled to the same amount she would have received?

Answer

it's still a medical malpractice case. when a person dies as a result of medical malpractice, it's also called a wrongful death case, but the medical malpractice caps apply in both instances. the cap is on non-economic damages only, which are the intangible ones, such as pain and suffering,intentional distress, etc. there is no cap on economic damages, which include lost wages, medical bills, loss of job or earning capacity or opportunity - tangible damages that are easily measured. since she has passed, her "lost wages" have stopped incurring and she is not being damaged everyday by not being able to work. now, if she had any dependents (people she was financially supporting or responsible for, such as minor children or a disabled spouse), they would be entitled to compensation in an amount that your mother would have otherwise provided to them, and for pain & suffering, etc., had she not died. it sounds like she did not have any dependents who could be awarded damages, or otherwise your attorney would not have said that.

i have worked on malpractice cases wherein a person committed suicide because an organ transplant failed and she was tired of dealing with her condition, having dialysis, etc. however, that is not the doctor or hospital's fault as they did nothing wrong during the high risk organ transplant, as a suicide is not a "reasonably foreseeable" result or consequence, and doctors are rarely held liable for it. yet, they are liable for your mother's damages as a result of their malpractice when leaving equipment in her, assuming that was a proximate cause of her physical injuries and/or mental condition, such as compensation for the emotional distress or pain & suffering she incurred while she was alive, wages she missed out on if she had been working but couldn't due to the malpractice, and any expenses she incurred.

if your mother was married, her spouse also has a claim for damages that he has suffered.

sorry about your situation, and good luck with your lawsuit, and making peace with this.