Loading chat...

MI HB5399

Bill

Status

Introduced

2/14/2012

Primary Sponsor

Mark Meadows

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

HB 5399 Summary

  • Amends Michigan's statute of limitations for medical malpractice claims to clarify that claims accrue at the time of the negligent act or omission, regardless of when the plaintiff discovers the injury.

  • Establishes a 6-year absolute deadline for commencing medical malpractice actions from the date of the act or omission, with limited exceptions for fraudulent concealment or reproductive organ damage.

  • Creates extended filing deadlines for minors alleging medical malpractice: actions must be filed by age 10 for general claims, or by age 15 for claims involving reproductive system injuries if the claim accrued before age 8 or 13 respectively.

  • Adds a 10-year filing period for claims arising from sexual conduct with individuals under 18 years of age, measured from when the disability of infancy is removed.

  • Replaces outdated terminology ("insane") with "mentally ill" and clarifies definitions for health care professionals, health facilities, and related terms in medical malpractice statutes.

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

Printed Bill Filed 02/15/2012

2/15/2012

Committee Referrals

Judiciary2/14/2012

Full Bill Text

No bill text available