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
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
Many of the more than 160 Executive Orders and Administrative Orders Gov. Whitmer and the Michigan Supreme Court have issued in response to the COVID-19 pandemic impact the legal system, the litigants, and their insurers. Below is a brief review of how these orders change important civil litigation deadlines ranging
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
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