The two bills that were passed were Senate Bill 1115 and Senate Bill 1118. Senate Bill 1115 limits the amount of malpractice money that can be awarded to the victim, and easily passed with a 108-2 vote in the Senate. Senate Bill 1118 decreases the time limit that a person or family has for suing in the interest of a person that has died, while also banning prejudgement interest on attorney fees and costs, and also passed easily with a 107-3 vote.
However, the more controversial bills that were proposed and never made it to vote were the ones more highly questioned and scrutinized. The two bills were part of the “Patients FIrst Reform Package,” but did not make it to Governor Rick Snyder’s desk.
The first bill was one that would have seen the types of suable offenses increase, made it passed the Senate, however it did not make it to a House vote.
The second bill stated that a healthcare professional or institution would not be liable in a malpractice suit if the doctor in question proceeded with medium to good faith that his actions were proven medical actions and that they were in the best interest of the patient. This bill did not even clear the committee vote because multiple personal injury lawyers and their clients spoke out against it.
Fans of the two bills that failed to pass, including doctors and insurers, claimed that the legislation would have helped better access to care. These advocates also said that a more welcoming environment could have improved what has become a shortage of physicians.
Southfield attorney Marc Lipton said he was thankful to the Senate for taking into consideration the concerns of the patients, but still said he was not pleased with the outcome.
“I'm disappointed that the legislature spent all this time on bills that were designed to protect insurance companies and ultimately would endanger patients,” he said.
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