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MI SB1136

Bill

Status

Introduced

5/23/2012

Primary Sponsor

Bertram Johnson

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Origin

Senate

96th Legislature

AI Summary

  • Caps noneconomic damages in medical malpractice actions at $280,000 unless specific exceptions apply, in which case the cap increases to $500,000.

  • Raises the noneconomic damages cap to the greater of $280,000 (or $500,000 if exceptions apply) or 3 times the economic loss awarded if the defendant has prior disciplinary findings or threatened/coerced the plaintiff to prevent reporting of misconduct.

  • Allows higher damages when the Department of Community Health reported disciplinary findings against the defendant for criminal convictions, mental/physical inability to practice safely, fraud in licensing, substance abuse, intentional harm, or record falsification.

  • Requires the State Treasurer to adjust the damage caps annually at the end of each calendar year to reflect cumulative changes in the consumer price index.

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

Legislative Description

Torts; medical malpractice; cap on noneconomic damages; revise if defendant has engaged in certain conduct. Amends sec. 1483 of 1961 PA 236 (MCL 600.1483).

Torts, medical malpractice

Last Action

Referred To Committee On Insurance

5/23/2012

Committee Referrals

Insurance5/23/2012

Full Bill Text

No bill text available