M Civ JI 30.10 Medical Malpractice: Exceptions to Cap

On the special verdict form that will be furnished to you by the court, you will be asked to answer certain questions, such as whether:

(a) *(there has been a [ specify intentional tort, e.g., battery ])

(b) (a foreign object was left in the body of the plaintiff)

(c) (the injury involves the reproductive system of the plaintiff)

(d) (the discovery of the existence of this claim was prevented by the fraudulent conduct of [ name of health care provider ])

(e) (a limb or organ of the plaintiff was wrongfully removed)

(f) (the plaintiff has lost a vital body function).

Your answer to [ this question / these questions ] will assist the court in entering a judgment after you have returned your verdict.

Note on Use

*The court must instruct on the elements of the intentional tort and defenses.

This instruction should be used only if the cause of action arose before April 1, 1994. 1993 PA 78.

The limitations on noneconomic loss damages and criteria for recovering noneconomic loss damages have been established by 1993 PA 78, §1483. Neither the trial judge nor counsel of either party shall advise the jury of any provision set forth in §1483. 1993 PA 78, §6306.

Comment

MCL 600.1483(1).

History

M Civ JI 30.10 was added June 1987.