Michigan 2023-2024 Regular Session

Michigan House Bill HB6085

Introduced
11/13/24  
Refer
11/13/24  

Caption

Torts: medical malpractice; cap on noneconomic damages; revise. Amends sec. 1483 of 1961 PA 236 (MCL 600.1483).

Impact

The implications of HB6085 are significant for the healthcare and legal systems in Michigan. By establishing a clear financial cap on noneconomic damages, the bill aims to create consistency and predictability in legal cases surrounding medical malpractice. This move is intended to alleviate concerns among healthcare providers about excessive litigation and simplify the process of claims adjudication. However, it raises issues of justice for victims who may find that their compensation is insufficient to cover the long-term ramifications of malpractice injuries.

Summary

House Bill 6085 proposes amendments to the Revised Judicature Act of 1961 concerning medical malpractice claims in Michigan. The bill seeks to revise the structure of noneconomic damages awarded in medical malpractice cases, specifically caps the recoverable amounts. Under the proposed legislation, the total amount of damages for noneconomic loss recoverable by a plaintiff would be limited to $1,000,000 per plaintiff per defendant, with certain exceptions allowing for higher limits in severe cases of negligence resulting in significant impairments or death.

Contention

While supporters argue that the legislation will make malpractice insurance more affordable and reduce frivolous lawsuits, opponents contend that it may undermine patient rights and the ability to obtain fair compensation for serious injuries. Critics fear that the cap on damages, especially in the context of severe injuries such as paralysis or significant brain injuries, may limit the recovery options for victims who are already vulnerable. This divisive nature of the bill points to broader debates on balance in the liability system within healthcare and the rights of patients versus the operational stability of medical providers.

Companion Bills

No companion bills found.

Similar Bills

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Torts: medical malpractice; cap on noneconomic damages; revise. Amends sec. 1483 of 1961 PA 236 (MCL 600.1483).

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