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MI SB1115
Bill
AI Summary
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Caps noneconomic damages in medical malpractice cases at $280,000, or $500,000 if plaintiff suffers permanent loss of limb function, cognitive impairment, or reproductive capacity.
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Requires courts to itemize damages separately into economic and noneconomic categories in medical malpractice actions.
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Reduces damages by plaintiff's percentage of comparative fault; if plaintiff's fault exceeds other defendants' fault, noneconomic damages are not awarded.
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Establishes procedures for entering judgments in medical malpractice cases, applying damage caps proportionally across past and future noneconomic damages and reducing for settlement payments from joint tortfeasors.
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Requires defendants to purchase annuity contracts to satisfy future damages exceeding $250,000 in gross present cash value, calculated at 5% annual compounding.
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
Assigned Pa 0608'12
12/31/2012