MI HB5698

Licensed health care professionals and facilities are not liable for medical malpractice claims arising from emergency medical care provided in hospital emergency departments, obstetrical units, surgical operating rooms, cardiac catheterization laboratories, or radiology departments, unless the plaintiff proves by clear and convincing evidence that the provider's actions constituted gross negligence.

In emergency medical malpractice actions, courts must instruct juries to consider whether the provider had the patient's complete medical history, whether a prior professional-patient relationship existed, the circumstances of the emergency, and the circumstances surrounding delivery of care.

"Emergency medical care" is defined as services provided for acute medical or traumatic conditions of sufficient severity that immediate attention is necessary to prevent serious jeopardy to health, serious bodily impairment, or serious organ dysfunction, and does not include care after the patient is stabilized or care unrelated to the original emergency.

Definitions of "hospital," "licensed health facility or agency," and "licensed health care professional" reference existing provisions in Michigan's Public Health Code and the Revised Judicature Act.