August 13, 2008, Introduced by Rep. Cushingberry and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 1483 (MCL 600.1483), as amended by 1993 PA 78,
and by adding section 231.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 231. In an action alleging medical malpractice or brought
under section 2922, the supreme court shall not apply a decision
overturning established precedent retroactively.
Sec.
1483. (1) In Subject to
subsection (2), in an action for
damages alleging medical malpractice by or against a person or
party, the total amount of damages for noneconomic loss recoverable
by all plaintiffs, resulting from the negligence of all defendants,
shall not exceed $280,000.00 unless, as the result of the
negligence of 1 or more of the defendants, 1 or more of the
following exceptions apply as determined by the court pursuant to
section 6304, in which case damages for noneconomic loss shall not
exceed $500,000.00:
(a) The plaintiff is hemiplegic, paraplegic, or quadriplegic
resulting in a total permanent functional loss of 1 or more limbs
caused by 1 or more of the following:
(i) Injury to the brain.
(ii) Injury to the spinal cord.
(b) The plaintiff has permanently impaired cognitive capacity
rendering him or her incapable of making independent, responsible
life decisions and permanently incapable of independently
performing the activities of normal, daily living.
(c) There has been permanent loss of or damage to a
reproductive organ resulting in the inability to procreate.
(2) The limitations in this section do not apply if 1 or both
of the following apply:
(a) The negligence of 1 or more of the defendants results in
the death of the plaintiff.
(b) The negligence of 1 or more of the defendants amounted to
gross negligence. If this subdivision applies, the exception to the
limitations in damages only applies as against a defendant who was
determined to be grossly negligent.
(3) (2)
In Unless subsection (2)
applies, in awarding damages
in an action alleging medical malpractice, the trier of fact shall
itemize damages into damages for economic loss and damages for
noneconomic loss.
(4) (3)
As used in this section,
"noneconomic loss" means
damages or loss due to pain, suffering, inconvenience, physical
impairment, physical disfigurement, or other noneconomic loss.
(5) (4)
The state treasurer shall adjust the
each limitation
on damages for noneconomic loss set forth in subsection (1) by an
amount determined by the state treasurer at the end of each
calendar year to reflect the cumulative annual percentage change in
the consumer price index. As used in this subsection, "consumer
price index" means the most comprehensive index of consumer prices
available for this state from the bureau of labor statistics of the
United States department of labor.
Enacting section 1. The amendments to section 1483 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1483, enacted
by this amendatory act apply retroactively to April 1, 1994.