January 2021
2021 Michigan NonEconomic Damages Announced
On January 27, 2021, the State of Michigan Department of Treasury released the 2021 limitations on noneconomic damages in medical malpractice cases. The “upper cap” limitation was adjusted to $851,000. The “lower cap” was adjusted to a limitation of $476,600.
Michigan has placed a limitation on the total amount of damages
On October 22, 2020, Governor Whitmer signed into law House Bill 6159, creating a Pandemic Health Care Immunity Act to protect health care workers against liability for claims arising out of care provided in response to the COVID-19 pandemic. This law was part of a package of COVID-related bills signed
By: Nicole Joseph-Windecker
In its unanimous unpublished decision of Estate of Kevin Karl Gottschalk, by Kathleen Tocco, Personal Representative. v. Plumbrook Pharmacy, et al., the Michigan Court of Appeals held that pharmacies cannot be sued for medical malpractice as a matter of law. This ruling on September 17 was consistent with
FBMJ attorney Anthony Pignotti authored “Summary and Analysis of Executive and Administrative Orders Issued in Response to the COVID-19 Pandemic and Their Impact on the Legal System” for the September 2020 issue of Michigan Defense Quarterly Volume 37, No. 1 – 2020.
The article addresses how COVID-19-related executive and administrative orders
By: FBMJ Attorneys Sarah Berard, Daniel Cortez, Juliana Khalifeh, and Saulius Polteraitis.
A decision July 30, 2020 from the Court of Appeals applies, for the first time in a medical malpractice case, a controversial 2016 opinion that allows plaintiffs in wrongful death cases recovery of lost wages of the decedent as
FBMJ attorney, Anthony D. Pignotti, presented “Use and Disclosure of Electronically Stored Information in Healthcare” to the Michigan Society of Healthcare Risk Management (MSHRM) on July 15, 2020, as part of its Summer Webinar Series. The presentation covered the potential types of ESI generated and maintained in healthcare systems, the legal rules
Foley, Baron, Metzger & Juip, PLLC, is pleased to announce that Carlos Escurel has joined the firm as an Associate Principal.
Escurel brings extensive experience in the area of medical malpractice to the firm, having defended healthcare professionals and institutions for over 17 years. His primary focus is handling complex medical
By: Christina J. Green, Nicole C. Joseph-Windecker and Mitchell C. Jackson
How long does a plaintiff have to file a medical malpractice case? Well, that could be changing soon, as the Michigan Supreme Court recently took up an appeal that may give plaintiffs more time to file suit. This appeal could impact the healthcare
June 2020
Attorney Brian Whitelaw Featured Speaker at Society for Vascular Surgery Webinar Town Hall Meeting
On May 15, 2020, FBMJ attorney Brian Whitelaw presented during a live webinar town hall meeting, “COVID-19 Town Hall: Legal and Financial Aspects of Restarting Your Clinical Practice,” hosted by the Society for Vascular Surgery. Brian joined a panel of 5 professionals, including vascular surgeons from the Mayo Clinic, University
Governor Whitmer’s Executive Order (EO 2020-104, the “Order”) aims to help prevent the further spread of COVID-19 by enabling additional types of qualified medical professionals to order and administer COVID-19 tests. The Order encourages the establishment of community testing locations by reducing barriers to siting and staffing such test sites.