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1 J. Med. & L. 109 (1997)
Commentary for Caps on Non-Economic Damages

handle is hein.journals/jmdl1 and id is 115 raw text is: COMMENTARY FOR CAPS ON NON-ECONOMIC DAMAGES by Ronald E. Wagner* In the 1970s and 1980s, many states enacted tort reform legislation relating to claims for medical malpractice. This legislation covered a variety of topics: caps on damages, expert witness qualifications, notice of intent provisions, review panels, and alternative dispute resolution programs. These statutes were enacted to solve problems caused by the number and cost of medical malpractice cases being brought under then existing tort law. Michigan was one of the states enacting comprehensive legislative tort reform for claims of medical malpractice. The recent statutes took effect October 1, 1986 (1986 statutes), followed by statutes that took effect April 1, 1994 (1994 statutes).1 The 1994 statutes removed the exclusions to the limitation on the amount recoverable for non-economic damages, increased the amount under some circumstances,2 and changed the minimum requirements an alleged expert witness must meet before testifying.3 Of the many provisions of the 1994 statutes impacting cases alleging medical malpractice, these two provisions have generated the most interest by the plaintiffs' bar. The creation and development of these two changes are discussed in this paper. Before the 1986 statutes were enacted, a committee of the Michigan legislature conducted open meetings to learn more about the problems facing health care providers as the result of then existing tort law. Many citizens addressed the committee. A wide range of facts and opinions were given. Proponents of tort reform offered their data to support their concerns, which included the soaring cost of health care. Michigan's governor appointed a fact finder to study the issues and report on the problem, possible solutions, and analyze potential effects the 1986 statutes would have, if any, on the number and resolution of medical malpractice cases filed.4 * Mr. Wagner is a partner with the Firm Kitch, Drutchas, Wagner & Kenney, P.C. of Detroit, Michigan. Mr. Wagner attended Western Michigan Univesity where he attained his B.A. in 1968 and M.A. in 1969. He is a graduate of Detroit College of law where presently he is an adjunct professor teaching Medical Legal Problems. Mr. Wagner's field of expertise is in medical malpractice, products liability and commercial litigation. 1. The effective dates of application of the various sections vary with the date of loss or the date of filing. 2. See MICH. COMP. LAWS S 600.1483(1) (WEST 1994). 3. See MICH. COmp. LAWS S 600.2169(1) & (2)(WEST 1994). 4. See Memorandum, Final Report on Medical Malpractice, November 28, 1990 from Robben W. Fleming and Jay Rosen to Governor James J. Blanchard. Robben Fleming was appointed by Governor James Blanchard. Reports and memoranda were submitted December 17, 1984, December 24, 1984, November 23, 1989 and November 28, 1990.

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