CIVIL REMEDY FOR INJURY TO FETUS - H.B. 4524 (H-1): FLOOR ANALYSIS
House Bill 4524 (Substitute H-1 as reported without amendment)
Sponsor: Representative Nick Ciaramitaro
House Committee: Judiciary
Senate Committee: Judiciary
CONTENT
The bill would amend the Revised Judicature Act to specify that a person who committed a wrongful or negligent act against a pregnant woman would be liable for damages if the act resulted in a miscarriage or stillbirth or physical injury to the embryo or fetus. The bill would not prohibit a civil action under any other applicable law. The bill would take effect on January 1, 1999.
The bill would not apply to any of the following:
-- An act committed by the pregnant woman.
-- A medical procedure performed by a "physician or other licensed medical professional" within the scope of his or her practice and with the pregnant woman's consent, or the consent of a person who could lawfully provide consent on her behalf, or without consent if necessary due to a medical emergency.
-- The lawful dispensation, administration, or prescription of medication.
"Physician or other licensed medical professional" would mean a person licensed under Article 15 of the Public Health Code. (Article 15 provides for the licensure of various health professionals, including medical doctors, osteopaths, nurses, chiropractors, dentists, optometrists, pharmacists, physical therapists, podiatrists, counselors, psychologists, occupational therapists, sanitarians, and veterinarians.)
Proposed MCL 600.2922a - Legislative Analyst: P. Affholter
FISCAL IMPACT
The bill would have an indeterminate impact on State and local units of government. The amount of civil litigation that would result from the bill is not determinable.
Date Completed: 5-28-98 - Fiscal Analyst: B. BowermanFLOOR\HB4524 - Analysis available @ http://www.michiganlegislature.org
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.