February 2018
2018 Michigan Non-Economic Damages Caps
Since 1993, Michigan has placed a limitation on the total amount of damages for non-economic loss that are recoverable in a medical malpractice action. The current limitation is enacted by statute in MCL § 600.1483. “Non-economic loss” is defined under the statute to mean damages or loss due to pain,
January 2017
Greer: A Pain in the Rear(view)
Greer v Advantage Health has been a drama three years in the making. There’ve been highs, lows, and perhaps a few tears. But, all that is behind us now! Mostly…
On January 6, 2017, Governor Rick Snyder signed Senate Bill 1104, which remedies the problem created in Greer by ensuring that plaintiffs are awarded
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
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 (William Brandon v. Denise L. Handelsman, D.O. 2/23/16-Unpublished) While unpublished decisions are only binding on the case in which it was decided and have no precedential value
FBMJ attorneys Judith Sherman and Carole Empey recently returned a victory for client Oakwood Healthcare at the Michigan Court of Appeals (COA) in Janice Brown vs. Oakwood Healthcare Inc. The central issue on appeal was whether the Trial Court erred in denying Oakwood’s motion for summary disposition because it was not