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.




     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


medical emergency.


     (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.