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MI HB5669

Bill

Status

Introduced

5/23/2012

Primary Sponsor

Joe Haveman

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • Caps noneconomic damages in medical malpractice actions at $280,000, with an exception raising the cap to $500,000 for cases involving permanent paralysis, severe cognitive impairment, or permanent reproductive organ damage.

  • Requires the State Treasurer to annually adjust damage caps by the cumulative change in the Consumer Price Index to account for inflation.

  • Establishes that damages for noneconomic loss must be itemized separately from economic damages, and reduces awards when the plaintiff bears comparative fault greater than the aggregate fault of defendants.

  • Creates a new judgment entry procedure for medical malpractice cases (Section 6306a) that requires courts to reduce noneconomic damages subject to the $280,000/$500,000 caps and allocate comparative fault reductions proportionally between past and future damages.

  • Requires defendants to purchase annuity contracts for future damages exceeding $250,000 in gross present cash value, with annuity purchase prices calculated at 100% of future damages minus a discount equal to the prejudgment interest rate as of trial commencement.

Legislative Description

Torts; medical malpractice; procedures for entry of damage awards; modify and clarify. Amends secs. 1483, 2959, 6306 & 6307 of 1961 PA 236 (MCL 600.1483 et seq.) & adds sec. 6306a.

Civil procedure, other

Last Action

Printed Bill Filed 05/24/2012

5/24/2012

Committee Referrals

Judiciary5/23/2012

Full Bill Text

No bill text available