Brian Whitelaw is a Partner with the Firm. He has devoted over 35-years to defending health care professionals throughout the State of Michigan. He is preferred defense counsel for many of the insurance companies serving Michigan doctors. He has had over 70 jury trials with a 95% win rate.
Brian has successfully defended hospital systems, physicians, nurses, nurse practitioners and physician assistants in suits arising out of a variety medical specialties, including: emergency medicine, orthopedics, neurosurgery, general surgery, anesthesiology, allergy and immunology, ophthalmology, oculoplastics, retinal surgery, dermatology, pathology, family medicine, pain medicine, internal medicine, pediatrics, psychiatry, cardiology, interventional cardiology, urology, dentistry, oral and maxillofacial surgery, thoracic surgery, vascular surgery, cardiothoracic surgery, obstetrics and gynecology, infectious diseases, neurology, chiropractic, oncology, radiation oncology, radiology, neuroradiology and interventional neuroradiology.
In 2020, Brian was selected as a Michigan Super Lawyer® in the field of medical malpractice for the 13th year running, among only a handful of lawyers receiving that honor in the State of Michigan. He is also an elected member of the American Board of Trial Advocates (ABOTA). ABOTA is a highly selective, invitation-only organization that works to advance the jury system, support judicial independence and elevate standards of integrity, civility and professionalism in the legal profession. He is a member of the Michigan Bar Association, the American Bar Association (ABA), the Grand Rapids Bar Association, the Michigan Health Care Institute, the Michigan Defense Trial Counsel (MDTC), the Association of Defense Trial Counsel, the Michigan Society of Hospital Attorneys and sits on the Medical Liability Committee of the DRI.
Whitelaw is the author of many articles on medical and legal issues, including “The Tort Reform Act and Alternative Dispute Resolution,” published in the Michigan Bar Journal. Brian has also published in Medscape and WebMDregarding a variety of topics, including non-compete clauses in physician contracts, and so-called “never events,” such as patient falls or infections in hospitals.
Brian has given more than 70 presentations to healthcare practitioners on topics related to medical malpractice litigation. He has headed medical-legal residency rotations for emergency medicine and internal medicine and has been a featured speaker on Medical Malpractice Tort Reform at the Annual Meeting of the Michigan State Bar Association.
In addition to defending medical malpractice claims, Brian assists physicians and medical practices with contract and licensing issues.
State of Michigan
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Western District of Michigan
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Western District of Michigan
U.S. Court of Appeals for the Sixth Circuit
PUBLICATIONS
Author, “Hidden Time Bombs in your Noncompete Clause”
Medscape from WebMD, Business of Medicine, January 2016Author, “What if Your Patient Overdoses on Prescription Drugs?”
Medscape from WebMD, Business of Medicine, September 2015Author, "You’ve Been Sued: The Relationship Between Physician, Defense Counsel and Insurance Carrier – A Three Part Series"
Physician Litigation Resource Center Blog, December 2014Author, “Think Twice Before Saying ‘I’m Sorry’”
MD News and MDNews.com, May 2011Author, “Professional Liability and Defensive Medicine”
Health Care Crisis and Hope, p. 96, 2010Symposium Transcript: “What’s on the Horizon for Michigan Medical Malpractice?”
Michigan State University College of Law, Volume XIV, Issue II, p. 477, Spring, 2010Author, “Your Malpractice Risk When Your Hospitalized Patient Has a ‘Never Event””
Medscape from WebMD, Business of Medicine, February 2010Author, “Health Care Arbitration in Michigan - An Effective Method of Alternative Dispute Resolution”
Michigan Bar Journal, November 1993; reprinted in The Legal Advertiser, December 16, 1993; also available on Westlaw database “Journals & Law Reviews”Author, “The ‘Tort Reform’ Act - A Step in the Right Direction? Yes!”
Michigan Bar Journal, March 1987PRESENTATIONS
"Plaintiff's Reptile Theory: Don't Let It Bite You!"
Presented to Risk Management, Chief Nursing Officers, Legal Counsel and Practice Administrators at the MPIE 2017 Regional Education and Networking Meeting in Grand Rapids, MI, June 2017"Caution: When Offering Expert Testimony as a Treating Physician!"
Presented to emergency medicine physicians at Regional Advisory Board Meeting for ProAssurance, Kalamazoo, MI, June 2017"Defending the Differential Diagnosis Cross-Examination"
Presented to emergency medicine physicians at Regional Advisory Board Meeting for ProAssurance, Kalamazoo, MI, December 2016“How to Address Medical Errors That Are Not Your Own: Ethical Obligations and Legal Implications”
Presented to physicians and other health care providers at an MPIE Risk Management Webinar in Grand Rapids, MI, November 2016“The Opioid Crisis: What Defense Attorneys Need to Know in Counseling Physicians and Defending Licensing Claims”
Presented at the Winter Meeting of the Michigan Defense Trial Counsel, Novi, MI, November 2016“Anatomy of a Medical Malpractice Suit and Medical Record Documentation”
Presented to orthopedic surgery residents at Spectrum Health Blodgett, Grand Rapids, Michigan, June 2016“New Risks for Physicians Prescribing Narcotic Medication for Pain: State Licensing Actions Leading to Fines, Suspensions and/or Termination of Licensure”
Presented to physicians and other health care providers at an MPIE Risk Management Webinar in Grand Rapids, MI, October 2015"Physician Licensing Claims in Michigan"
Presented to a group of emergency medicine physicians and insurance representatives, Kalamazoo, Michigan, December 2014“Medical Negligence - A Real World Perspective”
Presented to Cooley Law School medical malpractice class, Cooley Law School, Grand Rapids Campus, Grand Rapids, MI, October 2014“In Defense of Good Medicine”
With Mark Hakim of ProAssurance, presented to emergency medicine attending and resident physicians, Metro Health Hospital, Wyoming, MI, December 2013“Defending the Reptile Deposition”
Presented to emergency medicine physicians at Regional Advisory Board Meeting for ProAssurance, Kalamazoo, MI, December 2013“Deposition Tactics and Strategy”
With Mark Hakim of ProAssurance, presented to emergency medicine residents and faculty, Western Michigan University School of Medicine, Kalamazoo, MI, February 2013“The EHR Program – Your Best Friend or Worst Enemy in the Defense of Your Malpractice Case”
Presented to physicians and practice managers, Traverse City, Michigan, May 2012“Turning Points: Tough Decisions in Loss Prevention”
With Mark Hakim of ProAssurance, presented to emergency medicine attending physicians and residents at Metro Health Hospital, Grand Rapids, Michigan, October 2011“Navigating Risks of Organized Systems of Care – An Uncharted Environment”
Panelist in presentation to physicians and allied health professionals, Grand Rapids, Michigan, October 2011“Anatomy of a Medical Malpractice Suit and Medical Record Documentation”
With Vanessa McCamant and Christopher Ryan, presented to physicians and other providers at Grand Rapids Ophthalmology, Grand Rapids, Michigan, May 2011“2010 Medical Malpractice Update and the Fate of Tort Reform”
Presented to medical office practice managers and physicians, Grand Rapids, Michigan, October 2010“Michigan Ambulatory Surgery Association 2010 Education Day”
Conducted mock deposition for professional clinical staff, Mt. Pleasant, Michigan, October 2010“Professional Liability and Defensive Medicine”
Participant in panel discussion at conference entitled “Sustaining the Business of Health Care in America”, Kalamazoo, Michigan, September 2010“Judicial Politics: How the Fall Elections Will Determine the Fate of Tort Reform in Michigan”
Presented to Medical Group Management Association in Kalamazoo, Michigan, September 2010“What’s on the Horizon for Michigan Medical Malpractice?”
Participant/panel member in symposium for the Michigan State University College of Law, Journal of Medicine & Law, East Lansing, Michigan, February 2010“Medical Malpractice Litigation”
Presented to Grand Valley State University Physician’s Assistant students in Grand Rapids, Michigan, November 2009“Emerging Trends – Loss Prevention for Today & The Future”
Presented to ER and resident physicians at Metropolitan Hospital in Grand Rapids, Michigan, October 2009“Medical-Legal Issues for Paramedics and Emergency Medicine Nurses”
Presented to paramedics and emergency medicine nurses at the West Michigan Air Care Fall Conference in Kalamazoo, Michigan, October 2009“Medical Malpractice 2008 – Trends Effecting Careers in Medical Malpractice Litigation”
Presented to Law Students and Medical Students at a seminar for The Medical-Legal Society at Michigan State University College of Law in East Lansing, Michigan, November 2008“Medical Malpractice Litigation”
Presented to Grand Valley State University Physician’s Assistant students in Grand Rapids, Michigan, October 2008“Anatomy of a Medical Malpractice Suit, Tort Reform Legislation and Medical Record Documentation”
Presented to Kalamazoo Emergency Associates’ emergency physicians and practice managers at a forum in Kalamazoo, Michigan, October 2008“From the Exam Room to the Courtroom”
Presented to physicians at three ProAssurance Seminars in Kalamazoo, Marquette and Grand Rapids, Michigan, August and October 2008“A Tiger in Your Corner – Understanding Medical Liability and Malpractice Protection”
Participant in panel discussion for the Medical Group Management Association’s annual Fall Conference, with panel representatives from ProAssurance, American Physicians Assurance Corporation, MHA Insurance and The Medical Protective Company, in Kalamazoo, Michigan, September 2007“And You Think You’ve Had a Bad Day: Challenging Problems & Difficult Defenses”
Presented to physicians at three ProAssurance seminars in Kalamazoo and Grand Rapids Michigan, September, October and November 2007“Tort Reform and Medical Malpractice Litigation”
Presented to Law Students and Medical Students at a seminar for the Medical-Legal Society at Michigan State University College of Law, in East Lansing, Michigan, October 2007“And You Think You’ve Had a Bad Day: Challenging Problems & Difficult Defenses”
Presented to Emergency Medicine Physicians in Grand Rapids, Michigan, May 2007“Medical-Legal Issues for Physicians’ Assistants”
Presented to 2nd year PA students at Grand Valley State University in Grand Rapids, Michigan, December 2006“Smooth Sailing: Navigating the Rough Waters of Modern Day Practice”
Presented as part of a Risk Management Seminar by ProAssurance for physicians in Kalamazoo, Michigan, August and November 2006 and Grand Rapids, Michigan, September 2006“Legal Aspects of Conscious/Procedural Sedation”
Presented at the Sixth Annual Emergency Medicine Risk Management Symposium for MSU/Kalamazoo Center for Medical Studies in Kalamazoo, Michigan, October 2005“Improving Communication Skills to Reduce Malpractice Risk”
Presented to neurosurgeons in Kalamazoo, Michigan, July 2005“Let’s Talk: Communicating the Good, the Bad and the Apology”
Presented as part of a Risk Management Seminar by ProAssurance presented to physicians in Grand Rapids, and Traverse City, Michigan in June and July 2005“Medical Malpractice Litigation”
Presented at the Fifth Annual Emergency Medicine Risk Management Symposium for MSU/Kalamazoo Center for Medical Studies in Kalamazoo, Michigan, October 2004“Anatomy of a Medical Malpractice Suit, Tort Reform Legislation and Medical Record Documentation”
Presented to Metropolitan Hospital emergency physicians and practice managers at a forum in Grand Rapids, Michigan, December 2003“Anatomy of a Medical Malpractice Suit”
Presented to physicians and practice managers at a forum in Kalamazoo, Michigan, October 2003“Medical Malpractice Litigation in Michigan – Emerging Issues in the New Millennium”
Presented as a risk prevention skills seminar to resident physicians at Metropolitan Hospital in Grand Rapids, Michigan, March 2001“Liability Loss Exposures and Insurance Coverage: Distinguishing Claims”
Presented to members of the Michigan Society of Healthcare Risk Management at the 21st Annual MSHRM Conference in Traverse City, MI, May 2000“Medical-Legal Issues for Physician’s Assistants”
Presented to Grand Valley State University Physician’s Assistant students in Grand Rapids, Michigan, December 1998“Medical Malpractice Tort Reform in Michigan – 15 Years Later”
Presented to Rotary Club of Grand Rapids – East, in Grand Rapids, MI, November 1998“Risk Management Overview for Dentists: Informed Consent, Tort Reform and Risk Management Issues from a Litigator’s Perspective”
Presented to area dentists as part of a risk management seminar by The Medical Protective Company in Grand Rapids, MI, June 1998“Medical-Legal Issues for Physician’s Assistants”
Presented to Grand Valley State University Physician’s Assistant students in Grand Rapids, Michigan, November 1997“Anatomy of a Medical Malpractice Suit”
Participation in mock trial, presented to Michigan Association of Nurse Anesthetists at Annual Meeting in Traverse City, Michigan, October 1997“Defending the Dental Malpractice Case”
Presented to Kalamazoo area dentists in Plainwell, Michigan, June 1997“Minimizing Legal Exposure in Medical Office Practice”
Presented to obstetricians, pediatricians and their professional support staff at Mecosta County Memorial Hospital in Big Rapids, Michigan, March 1997“Risk Management Issues for Family Practitioners”
Presented to third year family practice residents at St. Mary’s Hospital in Grand Rapids, Michigan, December 1995“Charting Issues for Orthopedics; Tort Reform - 1995”
Presented to Grand Rapids Orthopedic Surgery Residency Program members at Blodgett Memorial Center in Grand Rapids, Michigan, June 1995“Anatomy of a Medical Malpractice Suit”
Presented to Grand Rapids Orthopedic Surgery Residency Program members at Blodgett Memorial Medical Center in Grand Rapids, Michigan, May 1995“Charting Issues for Anesthesiology”
Presented to anesthesiologists and CRNA’s at St. Mary’s Hospital in Grand Rapids, Michigan, March 1995“Medical Litigation in Michigan: Emerging Concepts for the 1990s”
Presented as a risk prevention skills seminar to 1st year MSU-KCMS residents in Emergency Medicine, Family Practice, General Surgery, Internal Medicine and Pediatrics at Bronson Methodist Hospital’s Gilmore Educational Center in Kalamazoo, Michigan, February 1995“Medical Records Documentation”
Presented at Scientific Session for family practice physicians at MSU-KCMS, Borgess Medical Center’s Lawrence Educational Center in Kalamazoo, Michigan, October 1994“Medical Records Documentation”
Presented to third year family practice residents at St. Mary’s Hospital in Grand Rapids, Michigan, September 1994“Strategies for Successfully Negotiating Medical Malpractice Claims”
Presented to claims examiners at Physicians Insurance Company of Michigan (PICOM), Okemos, Michigan, April 1994“Anatomy of a Medical Malpractice Suit / Tort Reform - 1994”
Presented to family practice physicians and residents at MSU-KCMS, Bronson Methodist Hospital’s Gilmore Educational Center in Kalamazoo, Michigan, March 1994“Medical Records Documentation”
Presented to nursing staff of Reed City Hospital, Reed City, Michigan, February 1994“Medical Records Documentation”
Presented to general surgeons, residents and interns at Surgery Grand Rounds, MSU-KCMS, Borgess Medical Center in Kalamazoo, Michigan, November 1993“Anatomy of a Medical Malpractice Suit; Tort Reform - 1993; Medical Records Documentation”
Presented to third year family practice residents at St. Mary’s Hospital in Grand Rapids, Michigan, October 1993“Tort Reform - On the Horizon - Panel Discussion”
Presented topic of medical malpractice tort reform to attorneys at the 58th Annual Meeting of the State Bar of Michigan in Grand Rapids, Michigan, October 1993“Anatomy of a Medical Malpractice Suit; Tort Reform - 1993”
Presented to general surgeons, residents and interns at Surgery Grand Rounds, MSU-KCMS, Borgess Medical Center in Kalamazoo, Michigan, September 1993“Advanced Directives: Develop a Plan to Minimize Liability”
Presented to the Michigan Association of Osteopathic Physicians and Surgeons at the MAOPS 93rd Annual Post-Graduate Conference and Scientific Seminar in Dearborn, Michigan, May 1992“Anatomy of a Medical Malpractice Suit; Tort Reform in Michigan; Medical Records Documentation”
Presented to Grand Rapids Orthopedic Surgery Residency Program members at Blodgett Memorial Medical Center in Grand Rapids, Michigan, May 1991“Medical Records Documentation”
Presented to nursing staff of Hayes Green Beach Hospital in Charlotte, Michigan, October 1990“Medical Records Documentation”
Presented to physicians at Medical Staff meeting at Doctors' Hospital in Jackson, Michigan, October 1990“Litigation: The Hard Facts”
Presented to the Michigan Association of Osteopathic Physicians and Surgeons at the MAOPS 91st Annual Post-Graduate Conference and Scientific Seminar in Grand Rapids, Michigan, April 1990“Legal Aspects of Respiratory Care Practitioners’ Medical Record Documentation”
Presented to the Michigan Society for Respiratory Care at the Annual Northern Michigan Seminar in Traverse City, Michigan, September 1989“Legal Considerations in the Interview Process; Legal Responsibilities Regarding Retention of Staff, and Legal Implications of Medical Record Documentation”
Presented at annual management meeting of Community Centre Group - an eight-facility health care organization in Grand Haven, Michigan, August 1988“Minimizing Legal Exposure in Nursing Home Liability Cases”
Presented to nursing home administrators at seminars in Southfield, Michigan, May 1988 and in Grand Rapids, Michigan, June 1988“Living Wills and the Right to Die - A Patient’s Right to Self Determination”
Presented to public at North Detroit General Hospital in Detroit, Michigan, April 1988“Medical Malpractice Litigation; The Crisis and Tort Reform”
Presented to Mercy College Hospital Administration master’s level class in Hospital Policy and Regulation in Detroit, Michigan, November 1987“Medical-Legal Issues for Nursing”
Presented to nurses at Madison Community Hospital in Madison Heights, Michigan, May 1987“Preparing for the Discovery Deposition”
Presented to physicians at Wayne State University, Department of Physical Medicine and Rehabilitation in Detroit, Michigan, September 1985“Diagnosing the Plaintiff; How to Lessen the Likelihood of Medical Malpractice Litigation”
Presented to physicians and nurses at a Legal Issues Symposium at St. John Hospital in Detroit, Michigan, March 1985“Medical Malpractice Issues for the Home Care Provider”
Presented to home care social workers at Visiting Nurses Association in Southfield, Michigan, November 1984“Anatomy of a Medical Malpractice Lawsuit”
Presented to physicians and nurses at a Legal Issues Symposium at St. John Hospital in Detroit, Michigan, October 1984“Legal Implications of Medical Record Documentation”
Presented to physicians and nurses at two Legal Issues Symposia at St. John Hospital in Detroit, Michigan, August 1984Since the age of 14 when he learned in his Dad’s pool in Key Biscayne, Florida, Brian has been an avid SCUBA diver. He is a PADI-Certified Divemaster, and enjoys diving with his wife, Debi Baker Whitelaw (who he met in middle school). Their favorite dive location is Grand Cayman (and Little Cayman) where the waters are warm and crystal clear and the dives always uncover something new and interesting. In addition to diving, Brian is an avid road bicyclist riding over 1,500 miles per year throughout Michigan, often participating in local tours.
Brian is also an accomplished chef, with signature dishes such as a reverse- seared steak and a family-favorite red sauce, served each year at holiday gatherings.
Brian’s love of performing in the courtroom, trials, and the defense of hospitals and doctors are due, in part, to the influence of his mother, Pepper Whitelaw. Pepper, at the early age of 16, was a child star performing in a local Cleveland television show, Pepper’s Party; she later became the PR director for two hospital systems, introducing Brian to countless physicians and their families.
Other interests include a love of boxing (he was ringside for most of Tommy Hearns’ first 30 fights, including his first fight with Sugar Ray Leonard), knifemaking and leatherworking in his home shop (after watching the show, Forged In Fire he was inspired to craft his own custom knives and sheaths), and reading (a voracious reader – at least 4 books a week!). He loves all things tech, including video editing, and has been a Mac fan and user since the 80s.
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EDUCATION
Michigan State University College of Law, J.D. (with Honors: National Moot Court Competition, Book Award - Torts and Criminal Law), 1981
Michigan State University, B.S. (Cum Laude), 1977
PRACTICE AREAS
ContractsNegotiations
HIPAALicensingLong-term careManaged Care IssuesMedical Staff IssuesMedical/Legal Issues
Medical Malpractice
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A Great Read
Where The Crawdads Sing, by Delia Owens
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Favorite Musical Artist/Song
Joe Bonamassa (American blues rock guitarist, singer and songwriter)
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Must Go-To Vacation Spot(s)
The Cayman Islands
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All-Time Favorite Movie
The Outlaw Josey Wales
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Culinary Favorite(s)
Steak on the grill
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