Bill Text: MI SB1104 | 2015-2016 | 98th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Torts; medical malpractice; damages for medical expenses; limit. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1482.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-12-30 - Assigned Pa 0556'16 With Immediate Effect [SB1104 Detail]

Download: Michigan-2015-SB1104-Engrossed.html

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SB-1104, As Passed House, December 13, 2016

SB-1104, As Passed Senate, October 20, 2016

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1104

 

 

September 21, 2016, Introduced by Senator SHIRKEY and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 1482.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1482. (1) Notwithstanding any other law to the contrary,

 

in an action that alleges a medical malpractice claim, both of the

 

following apply:

 

     (a) The damages recoverable for past medical expenses or

 

rehabilitation service expenses shall not exceed the actual damages

 

for medical care that arise out of the alleged malpractice.

 

     (b) Except for evidence of the actual damages for medical

 

care, the court shall not permit a plaintiff to introduce evidence

 

of past medical expenses or rehabilitation service expenses at

 

trial.

 

     (2) As used in this section:

     (a) "Actual damages for medical care" means both of the

 

following:

 

     (i) The dollar amount actually paid for past medical expenses

 

or rehabilitation service expenses by or on behalf of the

 

individual whose medical care is at issue, including payments made

 

by insurers, but excluding any contractual discounts, price

 

reductions, or write-offs by any person.

 

     (ii) Any remaining dollar amount that the plaintiff is liable

 

to pay for the medical care.

 

     (b) "Person" means an individual, partnership, corporation,

 

association, governmental entity, or other legal entity.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. Section 1482 of the revised judicature act

 

of 1961, 1961 PA 236, as added by this amendatory act, applies to

 

an action filed on or after the effective date of this amendatory

 

act.