December 2021
FBMJ Attorneys Co-Author Medscape Article – 7 Legal Risks of Promoting Unproven COVID Treatments
FBMJ attorneys Julie Janeway and Brian Whitelaw co-authored, “7 Legal Risks of Promoting Unproven COVID Treatments,” published by Medscape on December 6, 2021. The article cautions healthcare providers of the risks of promoting unproven products, preventives, treatments and cures when treating patients with COVID-19.
The article discusses the consequences from state medical
December 2021
FBMJ Attorney Teams Up with Med-IQ
In December 2021, FBMJ attorney Brian Whitelaw provided expert audio commentary for an accredited Med-IQ online course for physicians on topics including risks involving Medical Record Documentation, Advanced Practice Providers, Robotics, Telemedicine, Electronic Health Records and Urgent Care.
Med-IQ is part of the Coverys family of companies and provides medical professionals
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,
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
FBMJ attorneys, Saulius Polteraitis and Carlos Escurel, recently presented “Covid Liability and Impact Medical Malpractice Claims” to the Michigan Society of Healthcare Risk Managers (MSHRM) as part of its Webinar series. They were joined by Mike Severyn of ProAssurance on the panel.
The presentation covered the anticipated landscape of malpractice claims