Michigan Senate Bill SB0458

Michigan 2023-2024 Regular Session

• Introduced: 7/20/23
• Refer: 7/20/23

Caption

Torts: liability; physician’s liability for providing or refusing to provide verification of inability to wear safety belt or crash helmet; provide protection against. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2980.

Impact

The implications of SB 0458 are significant for both medical practitioners and patients. By removing the threat of civil liability, it aims to encourage doctors to issue necessary medical justifications for their patients who may not be able to comply with safety regulations due to legitimate health issues. It is intended to foster a more supportive healthcare environment where medical professionals can act in the best interests of their patients without the looming concern of litigation tied to their medical decisions.

Summary

Senate Bill 0458 amends the Revised Judicature Act of 1961 by adding section 2980, which grants liability protection to physicians regarding their written verification of a patient's inability to wear safety belts or crash helmets due to medical or physical reasons. This bill provides that if a physician fails to provide such verification, they cannot be held liable for civil damages resulting from that failure. The purpose of the bill is to encourage physicians to offer necessary medical evaluations without the fear of legal repercussions if their evaluations do not align with legal requirements regarding safety equipment usage.

Contention

However, there are concerns about the potential misuse of the bill. Critics argue that by providing blanket liability protection to physicians, it might enable situations where valid medical exemptions are exploited, leading to increased public risk regarding safety belt and helmet usage. Conflicts could arise between public health advocates who stress the importance of safety regulations and the need for medical professionals to exercise discretion in their assessments. The debate will likely revolve around ensuring that the bill protects genuine cases while preventing abuses that could compromise safety.