Tort reform advocates in Michigan, including medical malpractice insurer, The Doctors Company, lauded the recent signing of reform legislation in Michigan.
The Michigan State Medical Society, with significant support from The Doctors Company and its trade organization, the Michigan Insurance Coalition, initiated the legislation known as the “Patients First Reform Package.”
The Patients First Reform Package, comprising Senate Bills 1115 and 1118, was approved by the House and Senate this fall and signed by Gov. Rick Snyder.
The bills restore and improve tort reform measures passed in 1993. Those measures established protections against meritless cases and disproportionate jury awards but were eroded over time by activist court rulings.
Senate Bill 1115 clarifies that loss of society or companionship constitutes noneconomic damages and is therefore subject to Michigan’s noneconomic damages limit. The bill also provides how future damages are calculated to prevent judicial errors in reducing awards to present value.
Senate Bill 1118 limits the time period for suing on behalf of a deceased person and bans prejudgment interest on costs and attorney fees incurred during the time before a judgment is issued.
Source: The Doctors Company