FBMJ attorneys Anthony Pignotti and Mitchell Jackson co-authored “The 10th Anniversary of Woodard v. Custer: Where We’ve Been and Where We’re Going” published in the Summer 2016 issue of The Litigation Journal. The article focused on issues surrounding standard of care qualification requirements set forth for expert witnesses in medical malpractice cases in MCL § 600.2169, 10 years after the seminal Michigan Supreme Court decision in Woodard v. Custer. As the numbers of medical specialties, subspecialties and board certifications have continued to grow each year, these issues have becoming increasingly relevant, and in recent years the courts have taken renewed interest in reexamining the statute.
“The 10th Anniversary of Woodard v. Custer: Where We’ve Been and Where We’re Going” examines the expert requirements set forth in MCL § 600.2169, provides a summary of the Michigan Court of Appeals and Supreme Court opinions in Woodard V. Custer, offers analysis of the changing landscape since Woodard and studies unanswered, novel questions pertaining to the law. The article also offers a number of best practices resulting in the guidance that has been provided by the courts regarding this statute.
The Litigation Journal is a publication of the Litigation Section of the State Bar of Michigan and provides information and analysis about issues of concern to litigators.
FBMJ healthcare attorneys have an acute understanding of the complex issues that face medical professionals, particularly in the defense of professional malpractice claims. Their ability to quickly identify and understand the often multifaceted issues pertinent to a medical malpractice lawsuit, as well as their defense strategies and successes both in and out of court, are why our skilled medical malpractice team includes some of the most distinguished and sought-after trial lawyers in the state. For more information on this article or other healthcare issues contact Anthony Pignotti (apignotti@fbmjlaw.com) or Mitchell Jackson (mjackson@fbmjlaw.com).
July 2016
FBMJ Attorneys Co-Author Article for The Litigation Journal on the History & Development of Woodard v. Custer
FBMJ attorneys Anthony Pignotti and Mitchell Jackson co-authored “The 10th Anniversary of Woodard v. Custer: Where We’ve Been and Where We’re Going” published in the Summer 2016 issue of The Litigation Journal. The article focused on issues surrounding standard of care qualification requirements set forth for expert witnesses in medical
June 2016
Critics State Proposed Changes to the SMS Will Only Benefit Those Who Can “Buy” Safety Credits
Trucking companies may soon be graded using another parameter to measure their safety if proposed changes to the Safety Measurement System (SMS) are effected as a result of a new Beyond Compliance Program proposed by the Federal Motor Carrier Safety Administration (FMCSA) on April 20, 2016. Under the proposed program,
June 2016
FBMJ’s Clyde Metzger Leads Millennial Discussion at MDTC 2016 Annual Meeting
In today’s connected world, many businesses are struggling with the defining today’s workplace. Baby-boomer attorneys believe that work should be done at the office, while millennials are still sorting out whether the office, the home, a coffee shop, an airport, or all of these are the best place to work.
June 2016
New Michigan Act Allows Appointment of Funeral Representative
In late 2015, the Michigan Legislature introduced a bill which would provide greater clarity in determining who has the legal right to make funeral arrangements and final disposition decisions for deceased individuals. On March 29, 2016, Governor Rick Snyder signed Senate Bill 551 into law as Public Act 57 of
May 2016
FBMJ Attorneys Co-Author Article for CLM on Flint Water Crisis – “Tragedy on Tap”
Richard Baron and Ben Fruchey co-authored “A Tragedy on Tap,” published in the May 2016 issue of Claims Management Magazine. The article focused on issues surrounding the Flint, Michigan water crisis that are of interest to claims professionals and attorneys, concentrating on the claims and litigation aspect of the recent
May 2016
Practitioners Beware: Loose Lips Should Be Zipped!
A split panel of the Michigan Court of Appeals held that improper disclosure of a diagnosis to the patient’s wife constituted ordinary negligence. (William Brandon v. Denise L. Handelsman, D.O. 2/23/16-Unpublished) While unpublished decisions are only binding on the case in which it was decided and have no precedential value
April 2016
Clyde Metzger to Speak at 2016 MDTC Annual Meeting
FBMJ Partner Clyde Metzger will be speaking at the upcoming Michigan Defense Trial Counsel (MDTC) Annual Meeting and Conference set for May 12th and 13th at the Atheneum Suite Hotel in Detroit. Metzger will participate on May 13th as a panel member speaking on the topic “Let’s Get Real: An
March 2016
Richard Baron Reports on Mixing Zone Closure Request for the City of Marquette Cliffs Dow Site
Attorney Richard Baron recently presented to the City of Marquette City Commission about the former Cliffs-Dow site, in a work session and at the Commission’s public meeting on March 14, 2016. He updated the Commission on the steps being taken to improve the opportunities for future productive use of the
March 2016
Joseph McGill Appointed to State Bar of Michigan’s 21st Century Practice Task Force
Foley, Baron, Metzger & Juip, PLLC is pleased to announce the appointment of attorney Joseph McGill to the State Bar of Michigan’s 21st Century Practice Task Force. The purpose of the task force is to examine and recommend how to best serve the public and members of the State Bar
March 2016
Non-adherence to Reporting Changes Could Lead to Pharmacy Suspension or De-participation
Caremark has recently sent out an Amendment to the 2016 Caremark Provider Manual to those pharmacies that participate in its pharmacy networks concerning the “Reporting of Investigations and Disciplinary Actions.” This provision requires a pharmacy to report to Caremark in writing the occurrence of certain events within 10 business days of