May 14, 2010, Introduced by Rep. Meadows and referred to the Committee on Ethics and Elections.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2912i.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2912i. (1) A licensed health care professional or a
licensed health facility or agency is not liable in an action based
on medical malpractice arising out of the provision of emergency
medical care in an emergency department or obstetrical unit located
in and operated by a hospital, or emergency services provided in a
surgical operating room, cardiac catheterization laboratory, or
radiology department immediately following the evaluation or
treatment of the patient in an emergency department, unless the
plaintiff proves by clear and convincing evidence that the licensed
health care professional's actions constituted gross negligence
that proximately caused the injury to the patient.
(2) In an action described in subsection (1), the court shall
instruct the jury to consider, in addition to all other relevant
matters, all of the following:
(a) Whether the person providing care had meaningful access to
the patient's full medical history, including knowledge of
preexisting medical conditions, allergies, and medications.
(b) Whether the person providing care had a preexisting
licensed health care professional-patient relationship with the
(c) Whether the person providing care knew or should have
known of the facts relating to the emergency.
(3) As used in this section:
(a) "Emergency medical care" means bona fide emergency
services provided after the onset of a medical or traumatic
condition that is manifested by acute symptoms, including, but not
limited to, pain of sufficient severity that a failure to provide
immediate medical attention could reasonably be expected to result
in serious jeopardy to the patient's health, serious impairment of
bodily functions, or serious dysfunction of a bodily organ or part.
Emergency medical care does not include medical care provided after
the patient is stabilized and capable of receiving medical care as
a nonemergency patient or care that is unrelated to the original
(b) "Gross negligence" means conduct so reckless as to
demonstrate a substantial lack of concern for whether an injury
(c) "Hospital" means that term as defined in section 20106 of
the public health code, 1978 PA 368, MCL 333.20106.
(d) "Licensed health care professional" and "licensed health
facility or agency" mean those terms as defined in section 5838a.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) House Bill No. 5744.
(b) House Bill No. 5745.