News Categories: Medical Malpractice

June 2022

FBMJ Dismissal – When An Expert Is Not An Expert

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

May 2022

Court Uses COVID-19 Immunity Provisions To Dismiss Med Mal Claim

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

April 2022

Anthony Pignotti Featured Speaker at National Conference of the American Osteopathic College of Radiology

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

January 2022

FBMJ Attorney Christina Green Promoted to Senior Associate

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

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

December 2021

Supreme Court Orders End of Mandatory Case Evaluation Effective Jan. 1, 2022

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

September 2021

Anthony Pignotti Co-Authors Article for Michigan Defense Quarterly

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.