Bill Text: MI HB6085 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Torts; medical malpractice; cap on noneconomic damages; enact exception if defendant has had prior meritorious claim. Amends sec. 1483 of 1961 PA 236 (MCL 600.1483).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-12-11 - Printed Bill Filed 12/07/2012 [HB6085 Detail]
Download: Michigan-2011-HB6085-Introduced.html
HOUSE BILL No. 6085
December 6, 2012, Introduced by Rep. Lipton and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 1483 (MCL 600.1483), as amended by 1993 PA 78.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1483. (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 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 both 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,
physical
disfigurement, or other noneconomic loss.
(3) The limitations in subsection (1) do not apply to an award
against a health professional who was previously a defendant in an
action alleging medical malpractice if 1 or both of the following
apply:
(a) Within 5 years before the conduct that is the subject of
the present action, the claims against the health professional in
the previous action were dismissed in exchange for payment by or on
behalf of the health professional of more than a nominal amount.
(b) Within 10 years before the conduct that is the subject of
the present action, a judgment was entered against the health
professional in the previous action.
(4)
The state treasurer shall adjust the limitation
limitations
on damages for noneconomic loss set
forth in subsection
(1) by an amount 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.
(5) As used in this section:
(a) "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.
(b) "Noneconomic loss" means damages or loss due to pain,
suffering, inconvenience, physical impairment, physical
disfigurement, or other noneconomic loss.
Enacting section 1. This amendatory act applies to an action
pending on or commenced on or after the effective date of this
amendatory act.