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
February 2021
Pharmacist Attorney Kim Sveska Publishes Article for MPA Journal – “Don’t Forget to Sue the Pharmacist”
FBMJ pharmacist attorney, Kim Sveska, recently published the article “Don’t Forget to Sue the Pharmacist” in the Michigan Pharmacist Journal (2021 Vol. 59 Issue 1), a publication of the Michigan Pharmacists Association (MPA). The article discusses recent legal precedents that could lead to greater liability for pharmacists.
The Michigan Pharmacists Association
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In its unanimous unpublished decision of Estate of Kevin Karl Gottschalk, by Kathleen Tocco, Personal Representative.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
September 2020
FBMJ Attorneys Featured Presenters at MSHRM Event
FBMJ attorneys, Clyde M. Metzger and Mitchell C. Jackson, presented “Avoiding (Digital) Skeletons in the (Electronic) Closet” to the Michigan Society of Healthcare Risk Management (MSHRM) on September 16, 2020, as part of its Webinar series.
The presentation covered current trends and legal issues surrounding the preservation of electronically-stored information (“ESI”),
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