MI SB1116

Amends MCL 600.2912a to establish a "professional judgment" defense for healthcare providers, providing immunity from medical malpractice liability when conduct constitutes exercise of professional judgment based on reasonable, good-faith belief that conduct is medically sound and in patient's best interests.

Eliminates the threshold that plaintiffs could recover for loss of opportunity to survive only if that opportunity exceeded 50%; plaintiffs can no longer recover for loss of any opportunity to survive or achieve a better result.

Requires courts to determine as a matter of law whether an act or omission constitutes exercise of professional judgment, with the court's ruling inadmissible at trial and attorneys prohibited from arguing this provision to a jury.

If court determines the healthcare provider did not meet the burden of proving professional judgment was exercised, the question of whether the provider met the recognized standard of acceptable professional practice becomes a question for the trier of fact.

Maintains existing burden of proof requirements for plaintiffs alleging malpractice to prove injury was proximately caused by negligence, based on the state of the art and applicable standards for general practitioners and specialists.