News Categories: Medical Malpractice

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

JULY 2017

FBMJ’s Medical Malpractice Attorneys Obtain Successful No Cause Verdict

On July 21, 2017 attorneys Clyde Metzger and Carole Empey obtained a no cause verdict on behalf of their clients, an obstetrician gynecologist, a professional services organization of physicians and a hospital. The jury found no malpractice and that the Defendants complied with the standard of care during a DaVinci

JULY 2017

LARA Director: Emergency Rules for Marijuana Applications Coming This Fall

The Michigan Licensing and Regulatory Affairs (LARA) director, Shelly Edgerton, announced that emergency rules will initially be put in place this fall so that the state can meet its December deadline to accept applications for marijuana grower, processor, and transporter licenses under the Medical Marijuana Facilities Licensing Act (the “MMFLA”).