Tort Tutorial: What Physicians Need to Know

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Tort Tutorial: What Physicians Need to Know

Tort Tutorial: What Physicians Need to Know

Part Two: The Legislative History of Tort Reform in Michigan

Thursday, September 26, 2024

This series will explore Michigan's tort reforms and professional liability laws, which have played a crucial role in maintaining a stable practice environment for physicians across the state. With looming threats of legislative changes, it's vital for today’s physicians—many of whom were not practicing during the last reforms—to understand the potential destabilizing impact on patient care and the workforce. As Michigan faces an existing physician shortage, these discussions will serve as both an education and a call to action to defend the laws that protect the future of healthcare in the state.

Michigan has implemented four significant waves of tort reform legislation, beginning in 1986. These initial reforms addressed legal venue modifications, set stricter criteria for medical expert witnesses, and tackled issues related to joint and several liability.

In 1993, further reforms targeted medical malpractice cases filed after April 1, 1994. These included limits on non-economic damages, reduced statutes of limitations for minors, stricter affidavit of merit requirements, expert witness standards, and a mandatory 182-day notice period before filing a lawsuit.

A comprehensive overhaul in 1995 abolished joint and several liability, imposed caps on non-economic damages, adjusted venue rules, and tightened standards for expert testimony. The most recent reform occurred in 2013, when two MSMS-backed bills clarified that loss of society or companionship falls under non-economic damages, subject to Michigan’s existing damage caps.