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MI HB5670
Bill
Status
5/23/2012
Primary Sponsor
Jimmy Womack
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AI Summary
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Amends MCL 600.2912a of the Revised Judicature Act of 1961 to revise medical malpractice standards and liability provisions.
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Removes language restricting recovery for loss of opportunity to survive or achieve better results "unless the opportunity was greater than 50%" from malpractice claims.
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Adds new subsection (3) creating a "professional judgment rule" that shields healthcare providers described in section 5838a(1) from liability if their conduct constituted exercise of professional judgment made with reasonable, good-faith belief that it was medically sound and in the patient's best interests.
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Establishes that determining whether an act or omission constitutes professional judgment is a question of law for the court, while the standard of care question remains for the jury if professional judgment defense does not apply.
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Prohibits the court's professional judgment ruling from being presented as evidence at trial and bars counsel from arguing professional judgment provisions to a jury.
Legislative Description
Torts; medical malpractice; physician judgment rule; enact. Amends sec. 2912a of 1961 PA 236 (MCL 600.2912a).
Occupations, health care professions
Last Action
Printed Bill Filed 05/24/2012
5/24/2012