Michigan House Bill HB5490

Michigan 2023-2024 Regular Session

• Introduced: 2/22/24
• Refer: 2/22/24

Caption

Torts: medical malpractice; revised judicature act of 1961; amend to reflect amendments to the public health code. Amends sec. 5838a of 1961 PA 236 (MCL 600.5838a). TIE BAR WITH: HB 5477'24

Impact

The implications of HB 5490 are significant for both plaintiffs and defendants in medical malpractice cases in Michigan. It establishes a clearer boundary for plaintiffs regarding the timing of when a claim must be filed, thereby imposing a stricter adherence to the limitations periods. This could potentially result in fewer cases being filed after the expiration of the statute of limitations, thus impacting the rights of patients seeking redress for alleged medical negligence. Additionally, the shifting of accrual from discovery to the act itself could favor healthcare practitioners by shortening the timeline during which a claim can be asserted against them.

Summary

House Bill 5490 seeks to amend the Revised Judicature Act of 1961 specifically concerning medical malpractice claims. The bill delineates the conditions under which claims arise from the acts or omissions of licensed healthcare professionals and facilities. Under the proposed amendment, a claim will accrue at the time of the alleged malpractice act, irrespective of the plaintiff's awareness or discovery of the claim. This positions the timing of claims based on the actual malpractice incident rather than on when the plaintiff comes to realize potential harm, which alters how the statute of limitations applies in malpractice cases.

Contention

Debates surrounding HB 5490 may arise from the changes it proposes to existing legal protections for plaintiffs. Critics could argue that this amendment could unfairly disadvantage patients, especially in complex cases where the nature of malpractice may not be immediately apparent. The need for the amendment to tie to another bill (House Bill 5477) may also spur discussions regarding legislative alignment and the broader implications for patient rights and healthcare accountability. Tensions may particularly unfold between entities advocating for patient rights and those supporting healthcare providers who seek to limit their liability exposure.