FBMJ attorneys, Saulius Polteraitis and Carlos Escurel, recently presented “Covid Liability and Impact Medical Malpractice Claims” to the Michigan Society of Healthcare Risk Managers (MSHRM) as part of its Webinar series. They were joined by Mike Severyn of ProAssurance on the panel.
The presentation covered the anticipated landscape of malpractice claims stemming from COVID, its impact on litigation, as well as an overview of Michigan COVID liability shields. The presentation discussed national trends in COVID-related litigation, as well as anticipated liability issues for both COVID and non-COVID treatment. The panel explained the basics of COVID liability shields, including the PREP Act, and how Plaintiff’s attorneys may frame claims to circumvent legal protections. The panel also discussed anticipated litigation trends, including changes to discovery, tolling provisions and how hearings and trials will change in the wake of COVID.
The Michigan Society of Healthcare Risk Management is an organization comprised of professionals from various aspects of the healthcare industry, including large and small healthcare facilities in urban and rural communities, as well as acute, long-term, and specialty care facilities, hospital insurers, attorneys, and independent risk management consultants. Formed in 1979, MSHRM’s mission is to promote professional development and leadership in the management of risk across the healthcare industry in Michigan.
Please contact attorneys Saulius Polteraitis or Carlos Escurel at 734.742.1800 for more information.
April 2021
FBMJ Attorneys Featured Presenters at MSHRM Event
FBMJ attorneys, Saulius Polteraitis and Carlos Escurel, recently presented “Covid Liability and Impact Medical Malpractice Claims” to the Michigan Society of Healthcare Risk Managers (MSHRM) as part of its Webinar series. They were joined by Mike Severyn of ProAssurance on the panel. The presentation covered the anticipated landscape of malpractice claims
March 2021
Federal Government, New Jersey Town Reach Settlement of RLUIPA Case One Day After It Was Filed
In most Religious Land Use and Institutionalized Persons Act (RLUIPA) cases, the plaintiff is a religious organization and the defendant is a local government. However, there are some instances when the religious organization gains the support of a second, powerful plaintiff – the U.S. Department of Justice. That was the
March 2021
Supreme Court Issues RLUIPA Opinion Related to Prisoners; Still Has Not Reached Land Use Issue
It was just last year that the Religious Land Use and Institutionalized Persons Act, or RLUIPA, celebrated its 20th anniversary. During that time, the U.S. Supreme Court has never issued a substantive opinion on a religious land use matter based on RLUIPA. However, the Supreme Court has now issued an
March 2021
Julie Janeway Joins Foley, Baron, Metzger & Juip, PLLC as an Associate Principal
Foley, Baron, Metzger & Juip, PLLC, is pleased to announce that Julie Janeway has joined the firm as an Associate Principal. Julie brings extensive healthcare experience to the firm, having begun her legal career working at a premier Michigan law firm with a focus on hospital and medical malpractice and licensing
March 2021
Pharmacist Attorney Kim Sveska Publishes Article for MPA Journal – “Don’t Forget to Sue the Pharmacist”
FBMJ pharmacist attorney, Kim Sveska, recently published the article “Don’t Forget to Sue the Pharmacist” in the Michigan Pharmacist Journal (2021 Vol. 59 Issue 1), a publication of the Michigan Pharmacists Association (MPA). The article discusses recent legal precedents that could lead to greater liability for pharmacists. The Michigan Pharmacists Association
February 2021
Church Offering Parking Lot To Beachgoers Is Free Exercise of Religion Protected By RLUIPA
A Florida court held that a church, as part of its religious exercise, can offer its parking lot as an access point to a nearby beach to general members of the public. Pass-A-Grille Beach Community Church, just outside St. Petersburg, Florida, argued that the local government’s attempts to restrict the
February 2021
2021 Michigan NonEconomic Damages Announced
On January 27, 2021, the State of Michigan Department of Treasury released the 2021 limitations on noneconomic damages in medical malpractice cases. The “upper cap” limitation was adjusted to $851,000. The “lower cap” was adjusted to a limitation of $476,600. Michigan has placed a limitation on the total amount of damages
January 2021
Michigan Private Schools’ Motion to Enjoin COVID Regs Denied as Moot; School Seeking to Join Lawsuit as Plaintiff as Case Proceeds
A Michigan federal court judge denied a group of parents and nonpublic schools’ request for a preliminary injunction that sought to enjoin COVID-19 restrictions the state implemented in November that precluded the school from hosting in-person classes. The one-page opinion from Judge Paul Maloney said the motion was rendered moot
January 2021
New York Village Settles One RLUIPA Suit, Faces New One From DOJ
A New York village settled one lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) while the U.S. Department of Justice filed a new, larger lawsuit against the village alleging a broad, ongoing practice of discriminating against religious land uses. The federal government’s lawsuit alleges that
December 2020
Michigan Religious Schools: Michigan COVID Regs Violate First Amendment
A group of nonpublic schools has filed suit in Michigan federal court alleging that the state’s Health and Human Services directive that schools remain closed through December 20 violates the First Amendment. The lawsuit was filed on December 7 by the Michigan Association of Nonpublic Schools (MANS), which has since