January 13, 2010, Introduced by Reps. Lipton, Tlaib, Smith, Constan and Polidori 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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
In Subject to
subsection (5), 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
(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.
(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) Subsection (1) does not apply to damages awarded against a
defendant if the trier of fact in the action determines by a
preponderance of the evidence that the defendant or an individual
for whose actions the defendant is liable violated section 492a of
the Michigan penal code, 1931 PA 328, MCL 750.492a, in relation to
records describing the care or treatment at issue in the action.