May 23, 2012, Introduced by Senator JOHNSON and referred to the Committee on Insurance.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 6306 (MCL 600.6306), as amended by 1995 PA 161.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6306. (1) After a verdict rendered by a trier of fact in
favor of a plaintiff, an order of judgment shall be entered by the
court. Subject to section 2959, the order of judgment shall be
entered against each defendant, including a third-party defendant,
in the following order and in the following judgment amounts:
(a) All past economic damages, less collateral source payments
as provided for in section 6303.
(b) All past noneconomic damages.
(c) All future economic damages, less medical and other health
care costs, and less collateral source payments determined to be
collectible under section 6303(5) reduced to gross present cash
value.
(d) All future medical and other health care costs reduced to
gross present cash value.
(e) All future noneconomic damages reduced to gross present
cash value.
(f) All taxable and allowable costs, including interest as
permitted by section 6013 or 6455 on the judgment amounts.
(2) As used in this section, "gross present cash value" means
the total amount of future damages reduced to present value at a
rate of 5% per year for each year in which those damages accrue, as
found by the trier of fact as provided in section 6305(1)(b).
(3) If the plaintiff was assigned a percentage of fault under
section 6304, the total judgment amount shall be reduced, subject
to section 2959, by an amount equal to the percentage of
plaintiff's fault. When reducing the judgment amount as provided in
this subsection, the court shall determine the ratio of total past
damages to total future damages and shall allocate the amounts to
be deducted proportionally between the past and future damages.
(4) If a verdict is rendered against a defendant in a medical
malpractice action and the trier of fact makes a determination that
requires an adjustment under this subsection, after making the
adjustments required by subsections (1) and (3), the court shall
adjust the award against the defendant further by doubling the
amounts for past and future noneconomic damages or by entering a
total award for noneconomic damages of $500,000.00, whichever
results in the larger award. An adjustment shall only be made under
this subsection if the trier of fact determines that the defendant
did 1 or more of the following:
(a) Acted with the intent to harm the plaintiff.
(b) Practiced medicine on the plaintiff while under the
influence of an alcoholic beverage or controlled substance.
(c) Intentionally altered records relevant to the action
before the trial ended with the intent of avoiding liability.
(d) Promoted the use of an unnecessary drug, device,
treatment, procedure, or service for personal gain.
(e) Threatened, coerced, or attempted to coerce the plaintiff
or, if the plaintiff is a minor, a parent of the plaintiff to
prevent or attempt to prevent the plaintiff or parent from
reporting misconduct by the defendant.