September 22, 2009, Introduced by Senators KAHN, GARCIA, JANSEN, KUIPERS, BARCIA, STAMAS, GEORGE and SWITALSKI and referred to the Committee on Judiciary.




     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 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.


     (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 the patient's full


medical history, including knowledge of preexisting medical


conditions, allergies, and medications.


     (b) Whether there was a preexisting licensed health care


professional-patient relationship.


     (c) The circumstances that constituted the emergency.


     (d) The circumstances surrounding the delivery of the


emergency medical care.


     (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 manifest 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 to


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) "Hospital" means that term as defined in section 20106 of


the public health code, 1978 PA 368, MCL 333.20106.


     (c) "Licensed health facility or agency" and "licensed health


care professional" mean those terms as defined in section 5838a.