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MI HB5745
Bill
Status
1/13/2010
Primary Sponsor
Bob Constan
Click for details
AI Summary
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Caps noneconomic damages in medical malpractice actions at $280,000 total for all plaintiffs and defendants, subject to exceptions.
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Increases cap to $500,000 if plaintiff suffers permanent paraplegia, quadriplegia, or hemiplegia from brain or spinal cord injury; has permanently impaired cognitive capacity preventing independent living; or has permanent loss of reproductive function.
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Requires courts to itemize damages separately for economic loss and noneconomic loss in medical malpractice awards.
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Directs the state treasurer to adjust the damage caps annually based on cumulative changes in the Consumer Price Index as reported by the U.S. Bureau of Labor Statistics.
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Removes the damage cap if the defendant or individual liable for the defendant's actions violated Michigan Penal Code section 492a regarding falsification of medical records related to the care or treatment at issue.
Legislative Description
Torts; medical malpractice; cap on damages; provide exception if defendant falsifies medical records. Amends sec. 1483 of 1961 PA 236 (MCL 600.1483).
Records, health
Last Action
Referred To Second Reading
6/30/2010