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MI SB1118

Bill

Status

Passed

12/31/2012

Primary Sponsor

Arlan Meekhof

Click for details

Origin

Senate

96th Legislature

AI Summary

  • Requires defendants in medical malpractice actions to file an affidavit of meritorious defense within 91 days after the plaintiff files a required affidavit, signed by a qualified health professional and containing specific statements about the factual basis, applicable standard of care, and compliance with that standard.

  • Allows personal representatives of deceased persons to commence medical malpractice survival actions within 2 years after letters of authority are issued, even if the statute of limitations has expired, but not later than 3 years after the limitations period runs.

  • Permits successor personal representatives to commence medical malpractice survival actions within 1 year if the original personal representative dies or becomes legally incapacitated within the initial 2-year period.

  • Eliminates prejudgment interest on attorney fees and costs awarded in medical malpractice actions, with interest on those portions calculated only from the date judgment is entered.

  • Modifies prejudgment interest calculations in medical malpractice cases based on whether defendants or plaintiffs failed to provide access to medical records, with interest starting from different dates accordingly.

Legislative Description

Torts; medical malpractice; statute of limitations; revise period of limitations for survival actions and disallow prejudgment interest on attorney fees and costs. Amends secs. 2912e, 5852 & 6013 of 1961 PA 236 (MCL 600.2912e et seq.).

Occupations, health care professions

Last Action

Assigned Pa 0609'12

12/31/2012

Committee Referrals

Judiciary11/29/2012
Insurance5/3/2012

Full Bill Text

No bill text available