SENATE BILL No. 1137

 

 

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.