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MI HB5669
Bill
Status
5/23/2012
Primary Sponsor
Joe Haveman
Click for details
AI Summary
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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.
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Requires the State Treasurer to annually adjust damage caps by the cumulative change in the Consumer Price Index to account for inflation.
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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.
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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.
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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