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
On June 23, 2021, FBMJ attorney, Mitchell C. Jackson, presented “Defending Your Care and Keeping Lawyers Out of Your Hair” to Emergency Medicine residents, as part of St. Mary Mercy’s annual Resident Retreat.
The presentation included discussions regarding the anatomy of a medical malpractice lawsuit; the unique challenges associated with electronic health
FBMJ attorneys, Randall A. Juip and Anthony D. Pignotti recently co-authored an article entitled, “The Medical Malpractice Deposition: A Review for Radiologist Defendants,” which was accepted for publication in the American Journal of Roentgenology (AJR 2021 June 9), a publication of the American Roentgen Ray Society (ARRS). The article was co-authored with radiologists, Casey Stewart Branach,
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
On October 22, 2020, Governor Whitmer signed into law House Bill 6159, creating a Pandemic Health Care Immunity Act to protect health care workers against liability for claims arising out of care provided in response to the COVID-19 pandemic. This law was part of a package of COVID-related bills signed
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In its unanimous unpublished decision of Estate of Kevin Karl Gottschalk, by Kathleen Tocco, Personal Representative.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 attorney Anthony Pignotti authored “Summary and Analysis of Executive and Administrative Orders Issued in Response to the COVID-19 Pandemic and Their Impact on the Legal System” for the September 2020 issue of Michigan Defense Quarterly Volume 37, No. 1 – 2020.
The article addresses how COVID-19-related executive and administrative orders
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