News Categories: Healthcare Issues

June 2019

Documentation Beats Conversation

Are you properly documenting prescriber interventions before dispensing opioids to your patients? Documentation must support a pharmacist’s professional judgment with clarity and specificity.  During a recent Michigan Board of Pharmacy (BOP) inspection, the state inspector advised caution to the pharmacy staff regarding opioid dispensing and documentation of opioid prescription interventions,  referencing

May 2019

State Clarifies “Applicants” for Marijuana Licensure

The Michigan legislature has given further guidance to individuals and businesses interested in obtaining a license for or participating in a new marijuana business. Public Act 3 of 2019, signed into law in April 2019, has clarified the confusion over who is considered an “Applicant” for application disclosure purposes on

May 2019

New Steps to Advance FDA’s Evaluation of CBD

The Food and Drug Administration (FDA) is moving forward with evaluating ways to allow cannabis and cannabis-derived products like cannabidiol (CBD) into foods, beverages, and dietary supplements. A public hearing will be held on May 31, 2019 at its White Oak Campus in Silver Spring, Maryland to discuss ways to

January 2019

2019 Michigan Non-Economic Damages Caps

On January 18, 2019, the State of Michigan Department of Treasury announced the 2019 Non-Economic Damages Caps for medical malpractice claims. Michigan has placed these limitations on the total amount of damages for non-economic loss that are recoverable in a medical malpractice action since 1993. The limitations are enacted by

August 2018

COA: On Campus, (but) Off the Hook

On August 9, 2018, attorneys from Foley, Baron, Metzger and Juip scored a significant win at the State of Michigan Court of Appeals (COA) in the case of Abigail Schmitt v Genesys Regional Medical Center. The appeals court panel reversed a lower court’s decision and granted summary disposition to Genesys Regional

May 2018

COA: If It Doesn’t Change Your Mind . . .

On May 3, 2018 the Michigan Court of Appeals issued its opinion in the matter of Teri Luten v Genesys Regional Medical Center, et al., one which may provide some ammunition to Defendants in attacking Plaintiff proximate causation theories, especially in cases involving “chain of command.” In a 2-1 decision, the

March 2018

Sarah Tupica Berard Joins Foley, Baron, Metzger & Juip, PLLC

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Sarah Tupica Berard has joined the firm as an Associate Principal attorney. Clyde M. Metzger, Managing Member, made the announcement. In her new position, Berard will join the Healthcare Law practice group representing physicians, nurses, physician groups, healthcare institutions, hospitals,

March 2018

Foley, Baron, Metzger & Juip Welcomes New Attorney

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Enrico (Eric) G. Tucciarone has joined the firm as a Partner attorney. Clyde M. Metzger, Managing Member, made the announcement. “We couldn’t be more pleased that Eric has joined our firm. His experience and reputation will only enhance our

February 2018

2018 Michigan Non-Economic Damages Caps

Since 1993, Michigan has placed a limitation on the total amount of damages for non-economic loss that are recoverable in a medical malpractice action.  The current limitation is enacted by statute in MCL § 600.1483.  “Non-economic loss” is defined under the statute to mean damages or loss due to pain,

November 2017

FBMJ Attorneys Present at Wound Care Conference

On November 2, 2017, FBMJ attorneys Clyde Metzger and Mitchell Jackson presented at Saint Joseph Mercy Health’s Wound Care Conference, which is designed to educate healthcare providers regarding clinical interventions to prevent skin breakdown and legal concerns related to hospital-acquired pressure injuries. Their presentation titled, “Steering Clear of Pains in the