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.

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