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Committee advances contentious bill to raise medical‑malpractice noneconomic damage caps

House Judiciary Committee · December 4, 2024
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Summary

House Bill 6085, which would raise noneconomic damage caps and expand categories eligible for higher caps, was reported after emotional patient testimony and sharply divided testimony from medical‑society and malpractice stakeholders.

The House Judiciary Committee voted to report House Bill 6085, a proposal to raise certain caps on noneconomic damages in medical malpractice suits and move some deaths and severe injuries into a higher‑cap category. Sponsor Representative Rengens (as recorded) said the bill aims to better compensate patients with lifelong injuries or family members who have lost loved ones.

Two patient witnesses described catastrophic outcomes. Norma Damott recounted the death of her newborn son and said the existing caps prevent full accountability. Pam Bushley described a post‑surgical infection that led to sepsis and staged amputations; she said current caps are inadequate for life‑altering injuries.

The Michigan State Medical Society’s CEO, Tom George, opposed the measure as presented and criticized the committee’s timeline and process. He argued that shifting caps could increase malpractice insurance premiums and health‑care costs and urged developing patient‑safety reforms and data collection instead of immediately raising caps. Medical‑malpractice lawyers and victims’ attorneys urged the committee to raise caps to improve access to justice, saying few cases are filed and many meritorious claims are barred or undercompensated by current limits.

Committee members acknowledged the need for more time and negotiations; nevertheless, the bill was reported with recommendation in this session. Members and witnesses said discussions would continue outside the hearing room.