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MI HB5745

Bill

Status

Introduced

1/13/2010

Primary Sponsor

Bob Constan

Click for details

Origin

House of Representatives

95th Legislature

AI Summary

  • Caps noneconomic damages in medical malpractice actions at $280,000 total for all plaintiffs and defendants, subject to exceptions.

  • 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.

  • Requires courts to itemize damages separately for economic loss and noneconomic loss in medical malpractice awards.

  • 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.

  • 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

Committee Referrals

Judiciary1/13/2010

Full Bill Text

No bill text available