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
Foley, Baron, Metzger & Juip PLLC Members Anthony Pignotti and Randall Juip, successfully obtained a verdict of no cause of action in favor of their clients in a recent medical malpractice trial in the Washtenaw County Circuit Court. After a two-week-long trial in which the Plaintiffs sought $135 million in
FBMJ attorneys Sarah Cherry and Brian Richtarcik successfully obtained a no-cause verdict on behalf of a Flint-based hospital in a wrongful death medical malpractice lawsuit.
Plaintiff claimed that one of the nurses was negligent in responding to an 11-year-old patient with a dislodged tracheostomy tube in the Pediatric Intensive Care Unit
The Michigan Department of Treasury released its adjusted 2026 limitations on noneconomic damages for medical malpractice claims. The “upper cap” has been adjusted to $1,065,000 (increased from $1,047,000 in 2025), and the “lower cap” has been adjusted to $596,400 (increased from $586,300 in 2025).
Michigan has limited the total amount of damages
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
October 2025
FBMJ Recognized in 2026 Best Law Firms Rankings
Foley, Baron, Metzger & Juip (FBMJ) is proud to be recognized in the 2026 Best Law Firms rankings as a Tier 1 Law Firm in Detroit.
Recognized Practice Areas:
– Mass Tort Litigation / Class Actions – Defendants– Medical Malpractice Law – Defendants– Product Liability Litigation – Defendants– Commercial Litigation
This honor reflects
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,