HOUSE BILL No. 4354

 

February 28, 2013, Introduced by Reps. Walsh, Howrylak, Haines, Lyons and Johnson 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.

 

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 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 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 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.