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
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.
March 2020
The Ol’ Expert Switcheroo: COA Holds AOM Signed by New Expert “Amendment” and Relates Back
If a plaintiff replaces an affidavit of merit (AOM) signed by an unqualified expert with one signed by a qualified expert, does the subsequent AOM constitute an “amendment” to the original AOM, such that it relates back for statute of limitations purposes? Surprisingly, yes—at least according to the Court of
March 2020
2020 Michigan Non-Economic Damages Caps
The State of Michigan Department of Treasury has announced the 2020 Non-Economic Damages Caps for medical malpractice claims. With respect to obtaining compensation for the injured plaintiff, Michigan has a statutory cap on the amount of noneconomic loss that a plaintiff may be awarded in a medical malpractice lawsuit. Noneconomic
February 2020
COA: Medicaid Lien Reimbursement Made Easy…
On February 4, 2020, the Michigan Court of Appeals issued its published opinion in the matter of Theresa Byrnes, et al. v. Jacob Martinez, M.D., et al. This opinion provides much-needed guidance to attorneys and courts regarding the methods used to consider and implement when attempting to settle a lawsuit
January 2020
FDA Says CBD is Illegal to Market & Possibly Unsafe
FBMJ attorneys Kim Sveska and Eric Nordan co-authored “FDA Says CBD Is Illegal To Market And Possibly Unsafe” published in the January 2020 issue of Michigan Pharmacist. The article concentrates on the legal uncertainty of the cannabidiol (CBD) products market.
“FDA Says CBD Is Illegal to Market and Possibly Unsafe” discusses
January 2020
Is Your Vape Safe?
According to the Centers for Disease Control’s (CDC), as of January 21, 2020, 2,711 EVALI cases (e-cigarette or vaping product use-associated lung injury) or deaths have been reported to the CDC. There have been sixty (60) confirmed deaths in 27 states and the District of Columbia, including three (3) from
December 2019
Attorneys Baron, Cortez & Nordan Co-Author Article for CLM Magazine – “The Path Forward For Cannabis”
FBMJ attorneys Richard Baron, Daniel Cortez and Eric Nordan co-authored “The Path Forward For Cannabis,” published in the December 2019 issue of CLM Magazine. The article focuses on legal and regulatory developments in 2019 that signal clarity and confusion for insurers.
“The Path Forward For Cannabis” discusses a look back at
FBMJ attorneys Benjamin Fruchey and Nicholas Tatro co-authored “PFAS Litigation: An Overview of Cases, Claims, Defenses, Verdicts & Settlements,” published in the December 2019 issue of Michigan Defense Quarterly, Volume 36, No. 2 – 2019. The article, as the title suggests, focuses on contamination cases involving Per- and polyfluoroalkyl substances
On November 7, 2019, FBMJ attorney, Sarah Tupica Berard, presented “Anatomy of a Lawsuit” at Beaumont Hospital Farmington Hills at its Second Annual Nursing Professional Development Day. The presentation was designed to enhance the nursing staff’s understanding of the litigation process, best practices in documentation and the interplay between documentation