MI HB6163

Licenses health care professionals and health facilities providing emergency medical care in hospital emergency departments, obstetrical units, surgical operating rooms, cardiac catheterization laboratories, or radiology departments from medical malpractice liability unless plaintiff proves by clear and convincing evidence that actions constituted gross negligence that proximately caused injury.

Requires courts to instruct juries to consider whether the care provider had meaningful access to the patient's full medical history including preexisting conditions and allergies, whether a preexisting professional-patient relationship existed, and whether the provider knew or should have known of facts relating to the emergency.

Defines "emergency medical care" as bona fide emergency services provided after onset of a medical or traumatic condition with acute symptoms that could result in serious jeopardy to health or serious bodily impairment if immediate attention is not provided, excluding care after patient stabilization or care unrelated to the original emergency.

Defines "gross negligence" as conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.

Bill does not take effect unless House Bill No. 5744 and House Bill No. 5745 are both enacted into law.