HOUSE BILL No. 5745

 

January 13, 2010, Introduced by Reps. Lipton, Tlaib, Smith, Constan and Polidori and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 1483 (MCL 600.1483), as amended by 1993 PA 78.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1483. (1) In Subject to subsection (5), in an action for

 

damages alleging medical malpractice by or against a person or

 

party, the total amount of damages for noneconomic loss recoverable

 

by all plaintiffs, resulting from the negligence of all defendants,

 

shall not exceed $280,000.00 unless, as the result of the

 

negligence of 1 or more of the defendants, 1 or more of the

 

following exceptions apply as determined by the court pursuant to

 

section 6304, in which case damages for noneconomic loss shall not

 

exceed $500,000.00:

 

     (a) The plaintiff is hemiplegic, paraplegic, or quadriplegic

 


resulting in a total permanent functional loss of 1 or more limbs

 

caused by 1 or more of the following:

 

     (i) Injury to the brain.

 

     (ii) Injury to the spinal cord.

 

     (b) The plaintiff has permanently impaired cognitive capacity

 

rendering him or her incapable of making independent, responsible

 

life decisions and permanently incapable of independently

 

performing the activities of normal, daily living.

 

     (c) There has been permanent loss of or damage to a

 

reproductive organ resulting in the inability to procreate.

 

     (2) In awarding damages in an action alleging medical

 

malpractice, the trier of fact shall itemize damages into damages

 

for economic loss and damages for noneconomic loss.

 

     (3) As used in this section, "noneconomic loss" means damages

 

or loss due to pain, suffering, inconvenience, physical impairment,

 

physical disfigurement, or other noneconomic loss.

 

     (4) The state treasurer shall adjust the limitation on damages

 

for noneconomic loss set forth in subsection (1) by an amount

 

determined by the state treasurer at the end of each calendar year

 

to reflect the cumulative annual percentage change in the consumer

 

price index. As used in this subsection, "consumer price index"

 

means the most comprehensive index of consumer prices available for

 

this state from the bureau of labor statistics of the United States

 

department of labor.

 

     (5) Subsection (1) does not apply to damages awarded against a

 

defendant if the trier of fact in the action determines by a

 

preponderance of the evidence that the defendant or an individual

 


for whose actions the defendant is liable violated section 492a of

 

the Michigan penal code, 1931 PA 328, MCL 750.492a, in relation to

 

records describing the care or treatment at issue in the action.