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MI SB1321
Bill
AI Summary
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Extends the statute of limitations for medical malpractice claims involving sexual conduct with minors to 2 years after the effective date of this amendment or 20 years after the disability is removed, whichever is later, regardless of whether the general limitations period has run.
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Defines "sexual conduct" as conduct proscribed by sections 520b, 520c, 520d, 520e, or 520g of the Michigan Penal Code (MCL 750.520b-750.520g), regardless of whether the conduct was criminally prosecuted or can be proved beyond reasonable doubt.
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Applies the extended limitations period to claims accruing when the person is less than 18 years of age, allowing such individuals or persons entitled to bring an action based on the claim to file within the extended timeframe.
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Adds definition of "insane" to mean mental derangement preventing a person from comprehending their rights, independent of judicial declaration, and defines "release from imprisonment" for purposes of tolling.
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Maintains existing medical malpractice limitations periods for other cases, including the general 6-year statute of repose and discovery rule exceptions for fraudulent concealment and reproductive organ damage.
Legislative Description
Civil procedure; statute of limitations; civil action for damages resulting from criminal sexual conduct against a minor; extend tolling of statute of limitations. Amends secs. 5838a & 5851 of 1961 PA 236 (MCL 600.5838a & 600.5851).
Crimes, criminal sexual conduct
Last Action
Referred To Committee On Judiciary
5/6/2010