Foley, Baron, Metzger & Juip attorney Brian W. Whitelaw successfully obtained the dismissal of a medical malpractice suit in Kent County Circuit Court on June 3, 2022 before the honorable Judge Mark A. Trusock. Whitelaw defended a Certified Family Nurse Practitioner (NP) and professional corporation, on a theory that she
Foley, Baron, Metzger & Juip attorneys secured the dismissal of a medical malpractice case in Wayne County Circuit Court on May 4, 2022, using state and federal COVID-19 immunity provisions. This is believed to be among the first successful uses of state and federal COVID-19 immunity protections since they were
FBMJ Partner Anthony D. Pignotti was an invited speaker at the national conference of the American Osteopathic College of Radiology in Tampa, Florida on Wednesday, April 6, 2022. Anthony offered two presentations—one titled, “Medical Malpractice Landscape in Radiology,” and the other, “Navigating a Radiology Medical Malpractice Lawsuit.”
The first presentation offered an analysis of
February 2022
2022 Limitation on Noneconomic Damages
On January 28, 2022, the State of Michigan Department of Treasury released the 2022 limitations on noneconomic damages for claims alleging medical malpractice. The “upper cap” was adjusted to $887,500 (an increase of $36,500 compared to 2021). The “lower cap” was adjusted to a limitation of $497,000 (an increase of $20,400 compared to
Foley, Baron, Metzger & Juip, PLLC is pleased to announce the promotion of attorney Christina Green to Senior Associate effective January 1, 2022.
Green is an attorney in the firm’s Medical-Malpractice practice group, defending health care professionals and organizations in complex medical malpractice claims. In addition, Green handles personal injury and
The Michigan Supreme Court has amended the Michigan Court Rules to eliminate the requirement that all civil cases go through the Case Evaluation process. Instead, the parties will now be able to stipulate to an alternative process to resolve the case – facilitation or mediation. Additionally, the amendments remove the
FBMJ attorney, Anthony D. Pignotti recently co-authored an article titled, “Litigating the Value of Medical-Expense Damages,” published in the Michigan Defense Quarterly (Vol. 38, No.1, 2021), a publication of the Michigan Defense Trial Counsel (MDTC). The article discusses recoverable economic damages in civil actions and focuses specifically on issues related to medical-expenses damages.
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,