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MI SB1115

Bill

Status

Passed

12/31/2012

Primary Sponsor

Arlan Meekhof

Click for details

Origin

Senate

96th Legislature

AI Summary

  • 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.

  • Requires courts to itemize damages separately into economic and noneconomic categories in medical malpractice actions.

  • Reduces damages by plaintiff's percentage of comparative fault; if plaintiff's fault exceeds other defendants' fault, noneconomic damages are not awarded.

  • 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.

  • 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

Committee Referrals

Judiciary11/29/2012
Insurance5/3/2012

Full Bill Text

No bill text available