HOUSE BILL No. 5934


     April 23, 2002, Introduced by Reps. Raczkowski, Stewart, Koetje, DeVuyst, Vander Roest, Cassis, Meyer, Adamini, McConico,
Woodward, LaSata, Lipsey and Lemmons and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 2912a (MCL 600.2912a), as amended by 1993

   PA 78.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 2912a.  (1) Subject to  subsection  SUBSECTIONS (2) AND

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        (3), in an action alleging malpractice, the plaintiff has the

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        burden of proving  that  1 OF THE FOLLOWING in light of the state

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        of the art existing at the time of the alleged malpractice:

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             (a) The defendant, if a general practitioner, failed to pro-

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        vide the plaintiff the recognized standard of acceptable profes-

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        sional practice or care in the community in which the defendant

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        practices or in a similar community, and  that  as a proximate

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        result of the defendant failing to provide that standard, the

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        plaintiff suffered an injury.


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             (b) The defendant, if a specialist, failed to provide the

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        recognized standard of practice or care within that specialty as

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        reasonably applied in light of the facilities available in the

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        community or other facilities reasonably available under the cir-

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        cumstances, and as a proximate result of the defendant failing to

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        provide that standard, the plaintiff suffered an injury.

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             (2) In an action alleging medical malpractice, the plaintiff

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        has the burden of proving that he or she suffered OR WILL IN THE

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        FUTURE SUFFER an injury that more probably than not was proxi-

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        mately caused by the negligence of the defendant or defendants.

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             (3) In an action alleging medical malpractice, the

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        plaintiff,  cannot  INCLUDING A LIVING PLAINTIFF, MAY recover for

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        loss of an opportunity to survive or an opportunity to achieve a

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        better result.  unless the opportunity was greater than 50%.  THE

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        PLAINTIFF MAY RECOVER ECONOMIC AND NONECONOMIC DAMAGES IN PROPOR-

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        TION TO THE LOSS OF OPPORTUNITY TO SURVIVE OR ACHIEVE A BETTER

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        RESULT THAT WAS PROXIMATELY CAUSED IN WHOLE OR IN PART BY THE

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        ALLEGED MALPRACTICE.





















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