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January 2024

Congratulations to FBMJ Attorneys Empey and Richtarcik for Appeal Win!

Congratulations to FBMJ attorneys Carole Empey and Brian Richtarcik on a successful appeal of a Wayne County Circuit Court’s denial of a Motion for Summary Disposition. The Michigan Court of Appeals reversed the trial court in this medical malpractice wrongful death case, concluding the treating anesthesiologist was not the ostensible agent of the defendant surgery center.  The appeals court agreed with FBMJ that the patient had sufficient notice of the treating anesthesiologist’s employment status from a consent form, specifically advising that the anesthesiologist was an independent contractor and not the surgery center’s agent or employee and that the case should be dismissed as to the surgical center in its entirety. A successful motion on this issue was the goal of our client. At FBMJ we work as a team to win for our clients.