For nearly two decades, Michigan courts operated under a settled understanding of how, in medical malpractice actions, the wrongful death saving provision interacted with notice of intent tolling. On July 29, 2026, the Michigan Supreme Court upended that framework in Estate of Ernest v. Brown, No. 168462 (Mich. July 29,
Clear, accurate medical documentation is essential to patient care—and it can also play a critical role when care is later reviewed in legal proceedings.
We were pleased to have Chloe Schumacher present at Oaklawn Hospital on the dos, don’ts, and best practices of medical record documentation. Drawing on her experience defending
On January 21, 2026, FBMJ attorney Lauren T. Rhoads presented oral argument before the Michigan Supreme Court in a medical malpractice appeal involving enforcement of discovery deadlines.
Ms. Rhoads and co-counsel argued the trial court correctly applied the Michigan Court Rules’ good-cause standard when it struck the plaintiff’s untimely amended witness
August 2025
Post-Daher, Michigan Court of Appeals Says the Loss of Services is Recoverable Under Wrongful Death Act
The Michigan Supreme Court (MSC) recently reversed the judgment of the Michigan Court of Appeals (MCOA) and remanded the case of Markel v. Beaumont et al., to the Oakland County Circuit Court for further proceedings possibly ending a near six-year appellate saga on ostensible agency.
BackgroundIn a 2018 medical malpractice lawsuit,
Foley, Baron, Metzger & Juip (FBMJ) Member, Tony Pignotti, was invited to present to the American Society of Interventional Pain Physicians (“ASIPP”) at its recent conference titled, “Strategy for Successful Practice Management: Documentation, Compliance & Practice Building.” This two-day conference discussed various topics, including documentation for interventional pain management practices,
FBMJ attorney, Silvia Alexandria Mansoor, recently published an article titled, “Medical Malpractice & Artificial Intelligence: Where Are We?” in the Oakland County Bar Association’s LACHES magazine (March 2025, No. 676). The article gives a brief history of artificial intelligence (AI), its intersection with medicine, and the current state of the
On Wednesday, February 5, 2025, FBMJ Member, Tony Pignotti, presented to a group of radiologists at a Town Hall meeting conducted by one of the largest radiology practices in the State of Michigan. The presentation was designed to enhance the radiologists’ understanding of medical malpractice concepts pertaining to radiology and
February 2025
FBMJ Attorney Presents “Nursing Armor”
Foley, Baron, Metzger & Juip (FBMJ) partner, Sarah Cherry, recently presented “Nursing Armor” to a group of nursing students at Mid Michigan College in Harrison, MI. The presentation provided the nursing students tips on how to defend themselves through charting in the electronic medical record.
Sarah also discussed the anatomy of a
On January 31, 2025, the Michigan Department of Treasury released its adjusted 2025 limitations on noneconomic damages for medical malpractice claims. The “upper cap” has been adjusted to $1,047,000 (increased from $1,016,000 in 2024), and the “lower cap” has been adjusted to $586,300 (increased from $569,000 in 2024).
Michigan has