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
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
The Michigan Court of Appeals (COA) recently sided with arguments made by FBMJ attorneys, Anthony Pignotti and Randall Juip, resulting in a victory for their client. In an unpublished opinion issued by a panel of the Court of Appeals on August 13, 2019, the Court unanimously reversed the trial court’s
On November 4, 2019, FBMJ attorneys, Clyde Metzger and Mitchell Jackson, presented “Defending Your Care Through Documentation” to residents, interns, physicians and Risk Managers at St. Joseph Mercy Oakland (SJMO) in Pontiac, Michigan as part of its live lecture Grand Rounds, a continuing medical education (CME) program. The presentation was
Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Nicole Joseph-Windecker has joined the firm as an Associate Attorney. Clyde M. Metzger, Managing Member, made the announcement.
Nicole’s practice will focus on defending healthcare professionals and entities in medical malpractice litigation. In addition to defending healthcare professionals, Nicole
FBMJ attorneys, Randall A. Juip and Anthony D. Pignotti, presented “Current Issues in the Overlap Between Radiology and the Law” to members of the Michigan Radiological Society on October 12, 2019, at their UpNorth Conference in Traverse City, Michigan. The conference was an opportunity for diagnostic radiologists, interventional radiologists, radiation
June 2019
Supreme Court Amends Discovery Rules
By: Christopher J. Ryan, Esq.
On June 19, 2019, the Supreme Court issued an order amending multiple Court Rules in ways that will significantly alter the daily practice of attorneys engaged in civil litigation. 11 of the 16 rules contained in subchapter 2.300 (addressing discovery in civil proceedings) were amended. The