Controversial Senate Bill has some Michigan Residents Worried

There is an interesting medical malpractice bill being proposed in the state of Michigan that could potentially affect the quality of care folks in that state receive when they visit their local hospital emergency rooms, and it has some residents very concerned.

Senate Bill 858, also called SB 858, is being proposed under the guise of aiding in the prevention of frivolous medical malpractice lawsuits, however when examined closely, it could serve to be dangerous to the patients who find themselves at the mercy of ER personnel.

Basically, SB 858 states that in order to successfully sue over medical malpractice, the plaintiff would be required to prove that the medical professional in question acted with “gross negligence” and would have to do so by presenting “clear and convincing evidence”.  This may not sound that bad, however what it really means is that victims of medical malpractice would only have a fighting chance at justice if they are able to show that whatever happened to them was done intentionally or with reckless disregard.

But as with anything in life, medical malpractice is not typically that cut and dry.  Not all incidents of malpractice are committed intentionally.  To the contrary, most cases involve an unintentional mistake or oversight.  The new bill would mean that medical errors such as these would not be considered actionable unless they were committed on purpose.  We all know that in many cases, a doctor or nurse never intended to harm their patient, however through a careless mistake or oversight, did so.  This legislation would essentially grant immunity to emergency room staff, allowing them to be more lax in their care and opening the door to even more chances for errors to occur.

Many Michigan residents are highly concerned, as they should be, because this could potentially mean a much lower standard of care in their local ER, and what’s worse, less of a chance for them to fight back should they end up a victim of medical malpractice as a result.