Torts: medical malpractice; cap on noneconomic damages; revise. Amends sec. 1483 of 1961 PA 236 (MCL 600.1483).
The bill's passage would significantly reshape the landscape of medical malpractice claims within the state. By increasing the limits on recoverable damages, the bill is expected to provide plaintiffs with more equitable restitution for their suffering and losses. This might lead to increased accountability among healthcare providers, promoting higher standards of care as they could face larger financial repercussions for malpractice. The adjustments could also influence insurers' practices and rates, potentially leading to higher costs for medical malpractice insurance.
Senate Bill 1158 proposes amendments to the Revised Judicature Act of 1961, specifically altering the regulations surrounding noneconomic damages in medical malpractice claims. The key element of the bill is the adjustment of the damage cap from $280,000 to $1,000,000 per plaintiff and per defendant, with the provision for higher caps up to $3,000,000 in certain severe cases. This change intends to provide greater compensation for plaintiffs who suffer from serious impairments or injuries due to medical malpractice, including loss of functionality, cognitive impairments, and disfigurement.
Despite its intentions, SB1158 has faced opposition. Critics argue that increasing damage caps could lead to higher healthcare costs, as providers may raise their service prices to cover potential liabilities. Some opponents also fear that this could create a more litigious environment, where healthcare professionals might become overly cautious about procedures or decisions, ultimately impacting patient care. Advocates for the bill argue that the potential for increased costs is outweighed by the need for fair compensation for serious maltreatment that often leaves victims in dire circumstances.