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MI HB5672
Bill
Status
5/23/2012
Primary Sponsor
Richard LeBlanc
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AI Summary
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Changes the timing requirement for defendants' meritorious defense affidavits in medical malpractice cases from "files" to "serves" the plaintiff's affidavit, with the 91-day deadline running from when the affidavit is served rather than filed.
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Modifies the reference in Section 2912b(5) regarding medical record access requirements for affidavits of meritorious defense (correcting citation from 2912b(6) to 2912b(5)).
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Eliminates the 3-year absolute deadline for survival actions after the statute of limitations expires and instead allows actions to proceed within 2 years after letters of authority are issued to the first personal representative, with extended timeframes if the personal representative dies or becomes incapacitated.
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Prohibits calculation of prejudgment interest on attorney fees and costs awarded under statute or court rule in medical malpractice cases, ensuring such interest accrues only from the date judgment is entered.
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Clarifies interest calculation rules for medical malpractice cases where defendants fail to provide access to medical records, starting interest accrual from the date notice was given under Section 2912b rather than from the complaint filing date.
Legislative Description
Torts; medical malpractice; statute of limitations; revise period of limitations for survival actions and disallow prejudgment interest on attorney fees and costs. Amends secs. 2912e, 5852 & 6013 of 1961 PA 236 (MCL 600.2912e et seq.).
Occupations, health care professions
Last Action
Printed Bill Filed 05/24/2012
5/24/2012