September 2021
Credentialing Case Closed: COA Rules Ambulatory Surgical Center Credentialing File Privileged
Is an ambulatory outpatient surgical center’s credentialing file discoverable and admissible at trial? No and no, according to the Michigan Court of Appeals’ published decision in Dorsey v. Surgical Institute of Michigan, where the Court extended the statutory protection for credentialing files beyond hospitals to also include ambulatory surgical centers.
The
April 2021
Unlicensed = Uncapped?
Claims against an unlicensed medical assistant employed by a non-profit medical institution sound in ordinary negligence and are not subject to the non-economic medical malpractice damages cap—at least according to the Michigan Court of Appeals’ recent published decision in Estate of John Swanzy v. Edward J. Kryshak, M.D., et al.
If it
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
February 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
January 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
By: Nicole Joseph-Windecker
In its unanimous unpublished decision of Estate of Kevin Karl Gottschalk, by Kathleen Tocco, Personal Representative. v. Plumbrook Pharmacy, et al., the Michigan Court of Appeals held that pharmacies cannot be sued for medical malpractice as a matter of law. This ruling on September 17 was consistent with
FBMJ Attorneys recently prevailed in convincing the Michigan Court of Appeals to require more stringent causation proofs from plaintiffs in toxic tort cases. The case will have far reaching consequences for all toxic tort cases, as the opinion brought causation analysis in Michigan toxic tort cases in-line with the causation
Many of the more than 160 Executive Orders and Administrative Orders Gov. Whitmer and the Michigan Supreme Court have issued in response to the COVID-19 pandemic impact the legal system, the litigants, and their insurers. Below is a brief review of how these orders change important civil litigation deadlines ranging
By: Christina J. Green, Nicole C. Joseph-Windecker and Mitchell C. Jackson
How long does a plaintiff have to file a medical malpractice case? Well, that could be changing soon, as the Michigan Supreme Court recently took up an appeal that may give plaintiffs more time to file suit. This appeal could impact the healthcare