MI SB1110

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

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

"Emergency medical care" is defined as bona fide emergency services provided after the onset of acute medical or traumatic conditions with symptoms of sufficient severity that failure to provide immediate attention could reasonably result in serious health jeopardy, bodily impairment, or organ dysfunction.

Emergency medical care protection does not apply to care provided after the patient is stabilized and capable of receiving nonemergency care, or care unrelated to the original medical emergency.

Terms including "hospital," "licensed health facility or agency," and "licensed health care professional" are defined by reference to the Public Health Code and other existing statutory provisions.