Year: 2008
Resolution Number: 79
Action Taken: Approved as Amended
Status:
Author(s): Raymond R. Rudoni, MD, and F. Michael Jaggi, DO
Sponsor: Suresh Anne, MD
On behalf of: Genesee County Delegation Supported by the Michigan College of Emergency Physicians
Committee: B (Legislation)
Resolved Section(s):
RESOLVED: That MSMS support House Bill 4646 and similar future legislation that would increase the threshold for medical malpractice lawsuits from negligence to gross negligence for licensed health care professionals and facilities that provide emergency medical care in an emergency department, obstetrical unit, surgical operating room, cardiac catheterization lab, or radiology department immediately following the evaluation or treatment of the patient in an emergency department, as well as require the jury to consider the following: whether the health care provider had the patient’s full medical history, whether there was a pre-existing health care provider-patient relationship, and the circumstances constituting the emergency and those surrounding the delivery of the emergency medical care.
RESOLVED: That MSMS support House Bill 4646 and similar future legislation that would increase the threshold for medical malpractice lawsuits from negligence to gross negligence for licensed health care professionals and facilities that provide emergency medical care in an emergency department, obstetrical unit, surgical operating room, cardiac catheterization lab, or radiology department immediately following the evaluation or treatment of the patient in an emergency department, as well as require the jury to consider the following: whether the health care provider had the patient’s full medical history, whether there was a pre-existing health care provider-patient relationship, and the circumstances constituting the emergency and those surrounding the delivery of the emergency medical care.
Fiscal Note: NULL
Resolution: View PDF for Support Michigan House Bill 4646