News Categories: Appeals

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

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 (William Brandon v. Denise L. Handelsman, D.O. 2/23/16-Unpublished) While unpublished decisions are only binding on the case in which it was decided and have no precedential value

December 2015

FBMJ Successful in Appeal for Reversal of Denied Motion for Summary Disposition

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