MI SB0858

Limits liability for licensed health care professionals and facilities providing emergency medical care in hospital emergency departments, obstetrical units, surgical operating rooms, cardiac catheterization laboratories, and radiology departments to cases where gross negligence is proven by clear and convincing evidence.

Requires courts to instruct juries to consider whether the provider had the patient's full medical history, whether a preexisting professional-patient relationship existed, the circumstances of the emergency, and the circumstances surrounding delivery of emergency care.

Defines "emergency medical care" as bona fide emergency services provided after onset of a medical or traumatic condition with acute symptoms of sufficient severity that failure to provide immediate attention could result in serious jeopardy to health, serious bodily impairment, or serious organ dysfunction.

Excludes from the liability limitation medical care provided after a patient is stabilized and capable of receiving nonemergency care, or care unrelated to the original medical emergency.