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MI SB1158

Bill

Status

Introduced

11/26/2024

Primary Sponsor

Jeff Irwin

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Origin

Senate

102nd Legislature

AI Summary

  • Increases the cap on noneconomic damages in medical malpractice claims from $280,000 to $1,000,000 per plaintiff and per defendant for standard cases.

  • Raises the higher cap for cases meeting specified exceptions from $500,000 to $3,000,000 per plaintiff and per defendant, and adds four new exceptions: plaintiff death, permanent injury, substantial disfigurement, and serious impairment of body function.

  • Removes the cap on damages entirely if the trier of fact determines by preponderance of evidence that a defendant engaged in gross negligence, intentional conduct, fraudulent conduct, reckless disregard, falsified medical records, was under the influence of alcohol or drugs, or failed to obtain professional liability insurance.

  • Changes references from "all plaintiffs" and "all defendants" to "each plaintiff" and "each defendant" to clarify that damage caps apply individually rather than collectively.

  • Establishes annual adjustment of damage caps by the state treasurer based on cumulative changes in the Consumer Price Index.

Legislative Description

Torts: medical malpractice; cap on noneconomic damages; revise. Amends sec. 1483 of 1961 PA 236 (MCL 600.1483).

Torts: medical malpractice

Last Action

Referred To Committee Of The Whole With Substitute (s-1)

12/11/2024

Committee Referrals

Civil Rights, Judiciary, And Public Safety11/26/2024

Full Bill Text

No bill text available