Bill Text: MI SB1136 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Torts; medical malpractice; cap on noneconomic damages; revise if defendant has engaged in certain conduct. Amends sec. 1483 of 1961 PA 236 (MCL 600.1483).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-23 - Referred To Committee On Insurance [SB1136 Detail]

Download: Michigan-2011-SB1136-Introduced.html

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SENATE BILL No. 1136

 

 

May 23, 2012, Introduced by Senator JOHNSON and referred to the Committee on Insurance.

 

 

 

     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 Except as provided in subsection (3), 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 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) In lieu of the limitations under subsection (1), the total

 

amount of damages for noneconomic loss in an action alleging

 

medical malpractice shall not exceed the applicable limitation

 

amount in subsection (1) or 3 times the amount of the damages

 

awarded in the action for economic loss, whichever is greater, if

 

either of the following applies:

 

     (a) The department of community health has reported to a

 

disciplinary subcommittee under section 16221 of the public health

 

code, 1978 PA 368, MCL 333.16221, findings that 1 or more of the

 

following grounds for discipline of the defendant exist:

 

     (i) Conviction of a criminal offense under sections 520b to

 

520g of the Michigan penal code, 1931 PA 328, MCL 750.520b to

 

750.520g.

 

     (ii) Mental or physical inability reasonably related to and

 

adversely affecting the defendant's ability to practice in a safe

 

and competent manner.

 

     (iii) Declaration of mental incompetence of the defendant by a

 

court of competent jurisdiction.

 

     (iv) Fraud or deceit in obtaining or renewing a license or

 

registration.

 

     (v) Promotion for personal gain of an unnecessary drug,

 

device, treatment, procedure, or service.

 

     (vi) Substance abuse as defined in section 6107 of the public

 

health code, 1978 PA 368, MCL 333.6107.

 

     (vii) Acting with the intent of harming the plaintiff.

 

     (viii) Intentional alteration of records relevant to the action

 

with the intent of avoiding liability.

 

     (ix) Failure to disclose discipline in another state for 1 or

 

more grounds listed in subparagraphs (i) to (viii).

 

     (b) The defendant has threatened, coerced, or attempted to

 

coerce the plaintiff or, if the plaintiff is a minor, a parent of

 

the plaintiff to prevent or attempt to prevent the plaintiff or

 

parent from reporting misconduct by the defendant.

 

     (4) The state treasurer shall adjust the limitation 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.