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MI HB5662

Bill

Status

Introduced

5/23/2012

Primary Sponsor

Jeff Irwin

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Origin

House of Representatives

96th Legislature

AI Summary

  • Caps noneconomic damages in medical malpractice actions at $280,000 unless specific exceptions apply, in which case the cap increases to $500,000.

  • Exceptions allowing the higher $500,000 cap apply when plaintiff is hemiplegic, paraplegic, or quadriplegic from brain or spinal cord injury, has permanently impaired cognitive capacity preventing independent living, or has permanent loss of reproductive function.

  • Allows noneconomic damages to exceed the statutory cap and be limited instead to the greater of the cap amount or 3 times the economic loss awarded if the defendant has prior disciplinary findings for serious misconduct including sexual crimes, fraud, substance abuse, intentional record alteration, or coercion of the plaintiff.

  • Requires the trier of fact to itemize damages separately into economic and noneconomic loss categories.

  • Mandates annual adjustment of damage caps by the state treasurer based on cumulative changes in the consumer price index.

Legislative Description

Torts; medical malpractice; cap on noneconomic damages; revise if defendant has engaged in certain conduct. Amends sec. 1483 of 1961 PA 236 (MCL 600.1483).

Torts, medical malpractice

Last Action

Printed Bill Filed 05/24/2012

5/24/2012

Committee Referrals

Judiciary5/23/2012

Full Bill Text

No bill text available