LIMIT LIABILITY FOR EMERGENCY CARE S.B. 858:
FLOOR SUMMARY
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Senate Bill 858 (as discharged)
Sponsor: Senator Roger Kahn, M.D.
Committee: Judiciary
CONTENT
The bill would amend the Revised Judicature Act to excuse a licensed health professional or licensed health facility or agency from liability for medical malpractice arising out of certain emergency medical care in a hospital or other facility, except in the case of gross negligence.
Specifically, a licensed health care professional or licensed health facility or agency would not be 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 proved by clear and convincing evidence that the health care professional's actions constituted gross negligence.
In an action described above, the court would have to instruct the jury to consider, in addition to all other relevant matters, all of the following:
-- Whether the person providing care had the patient's full medical history, including knowledge of preexisting medical conditions, allergies, and medications.
-- Whether there was a preexisting health care professional-patient relationship.
-- The circumstances that constituted the emergency.
-- The circumstances surrounding the delivery of emergency medical care.
"Emergency medical care" would mean bona fide emergency services provided after the onset of a medical or traumatic condition that is manifest by acute symptoms, including pain, of sufficient severity that a failure to provide immediate medical attention could reasonably be expected to result in serious jeopardy to the patent's health, serious impairment to bodily functions, or serious dysfunction of a bodily organ or part. The term would 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.
Proposed MCL 600.2912i Legislative Analyst: Patrick Affholter
FISCAL IMPACT
There are a number of public hospitals in the State that would be affected by this legislation. To the extent that malpractice lawsuits would be reduced, public hospitals could see indeterminate savings on malpractice costs.
Date Completed: 11-16-10 Fiscal Analyst: Steve Angelotti
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb858/0910