May 23, 2012, Introduced by Senator JOHNSON and referred to the Committee on Insurance.
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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1483. (1) In Except as
provided in subsection (3), 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) 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.
(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.
(3) In lieu of the limitations under subsection (1), the total
amount of damages for noneconomic loss in an action alleging
medical malpractice shall not exceed the applicable limitation
amount in subsection (1) or 3 times the amount of the damages
awarded in the action for economic loss, whichever is greater, if
either of the following applies:
(a) The department of community health has reported to a
disciplinary subcommittee under section 16221 of the public health
code, 1978 PA 368, MCL 333.16221, findings that 1 or more of the
following grounds for discipline of the defendant exist:
(i) Conviction of a criminal offense under sections 520b to
520g of the Michigan penal code, 1931 PA 328, MCL 750.520b to
750.520g.
(ii) Mental or physical inability reasonably related to and
adversely affecting the defendant's ability to practice in a safe
and competent manner.
(iii) Declaration of mental incompetence of the defendant by a
court of competent jurisdiction.
(iv) Fraud or deceit in obtaining or renewing a license or
registration.
(v) Promotion for personal gain of an unnecessary drug,
device, treatment, procedure, or service.
(vi) Substance abuse as defined in section 6107 of the public
health code, 1978 PA 368, MCL 333.6107.
(vii) Acting with the intent of harming the plaintiff.
(viii) Intentional alteration of records relevant to the action
with the intent of avoiding liability.
(ix) Failure to disclose discipline in another state for 1 or
more grounds listed in subparagraphs (i) to (viii).
(b) The defendant has threatened, coerced, or attempted to
coerce the plaintiff or, if the plaintiff is a minor, a parent of
the plaintiff to prevent or attempt to prevent the plaintiff or
parent from reporting misconduct by the defendant.
(4) The state treasurer shall adjust the 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.
(5) As used in this section:
(a) "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.
(b) "Noneconomic loss" means damages or loss due to pain,
suffering, inconvenience, physical impairment, physical
disfigurement, or other noneconomic loss.