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.
The ill effects of the COVID-19 pandemic have touched all aspects of American commerce, and the doctor-patient relationship is no exception. Immuno-compromised patients, those with pre-existing conditions, and even the healthy are forgoing doctor visits of all kinds, likely out of fear of contracting the virus. In the first three
Governor Whitmer has built upon prior executive orders and clarified the process for returning to “in-person” work in Michigan via Executive Order 2020-97 (the “Order,” available here). The Order requires that by the later of June 1, 2020, or within two weeks of resuming in-person work, any company operating in
In addition to the Stay-at-Home provisions and exceptions in Governor Whitmer’s Executive Order 2020-42 which are outlined below, the Order requires business owners to address three legal requirements to conduct in-person operations. These are: (1) Preparation of a COVID-19 Preparedness and Response Plan consistent with OSHA guidance; (2) determine who,
On March 23, 2020, Governor Whitmer issued a “stay-at-home” order titled Executive Order 2020-21 (“EO 2020-21”). The stated purpose of the Order is to assist in slowing the spread of novel Coronavirus COVID-19 and to protect the healthcare system from being overwhelmed. This article provides an overview of the Order
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