Michigan Laws 333.1083 – Perinate as legally born person; immunity
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(1) A perinate shall be considered a legally born person for all purposes under the law.
(2) A physician or an individual performing an act, task, or function under the delegatory authority of a physician is immune from criminal, civil, or administrative liability for performing any procedure that results in injury or death of a perinate while completing the delivery of the perinate under any of the following circumstances:
Terms Used In Michigan Laws 333.1083
- Imminent threat to the physical health: means a physical condition that if left untreated would result in substantial and irreversible impairment of a major bodily function. See Michigan Laws 333.1085
- Perinate: means a live human being at any point after which any anatomical part of the human being is know to have passed beyond the plane of the vaginal introitus until the point of complete expulsion or extraction from the mother's body. See Michigan Laws 333.1085
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Physician: means an individual licensed by the state to engage in the practice of medicine or osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.1085
(a) If the perinate is being expelled from the mother’s body as a result of a spontaneous abortion.
(b) If in that physician’s reasonable medical judgment and in compliance with the applicable standard of practice and care, the procedure was necessary in either of the following circumstances:
(i) To save the life of the mother and every reasonable effort was made to preserve the life of both the mother and the perinate.
(ii) To avert an imminent threat to the physical health of the mother, and any harm to the perinate was incidental to treating the mother and not a known or intended result of the procedure performed.