The Michigan State Medical Society has launched a "tort tutorial" to educate physicians on Michigan's tort reforms.
Here are four things to know about the tutorial series:
1. Part 1 of the tutorial details the history of Michigan's tort landscape. It describes the "defensive medicine" that physicians were forced to practice prior to tort reform legislation passed in the 1980s and 1990s, in which physicians ordered unnecessary tests and treatments to protect themselves from potential liability and malpractice suits. According to MSM, these defensive practices added an estimated 10% to 20% to healthcare expenses nationwide and helped fuel the physician shortage.
2. Part 2 further explains more recent reforms to tort legislation including a "comprehensive overhaul" of the system that took place in 1995 which established joint and several liability, imposed caps on non-economic damages, adjusted venue rules and further defined standards for expert testimony.
3. Part 3 details the current standards and dollar amounts under non-economic damage caps, joint and several liability and expert witness requirements.
4. Part 4 includes specific court cases in the state and how they are presently shaping the tort landscape. This includes a Michigan Supreme Court ruling in July that prohibits the inclusion of lost future earnings in damages awarded under Michigan's Wrongful Death Act. Part 4 also looks ahead, anticipating potential legislative moves that could "negate existing provisions in Michigan law."