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Pharmacies Can Be Sued For Ordinary Negligence But Not Medical Malpractice

By: Nicole Joseph-WindeckerIn its unanimous unpublished decision of Estate of Kevin Karl Gottschalk, by Kathleen Tocco, Personal Representative.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 prior decisions from Michigan courts on the grounds that pharmacie

Attorney Anthony Pignotti Authors Article on COVID-19 Executive and Administrative Orders and Their Impact on the Legal System for MDTC Quarterly

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 in Michigan have impacted civil litigation deadline

Court of Appeals Cites Denney Damages in Medical Malpractice Ruling for the First Time

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 well as loss of financial support. FBMJ attorneys believe this ruling improperly

Attorney Anthony D. Pignotti Featured Presenter for Michigan Society of Healthcare Risk Management (MSHRM)

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 governing ESI, the legal implications of E

Carlos Escurel Joins Foley, Baron, Metzger & Juip, PLLC as an Associate Principal

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 malpractice claims and premises liability claims. He also has ex

Away With Solowy? Supreme Court Takes Up Appeal that Could Lead to Expansion of 6-Month Discovery Rule

By: Christina J. Green, Nicole C. Joseph-Windecker and Mitchell C. JacksonHow 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 community and its insurers for decades to come due to its potential to expa

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 of Minnesota, and University of Pennsylvania, as well as a plaintiff

Executive Order 2020-104 Authorizes Pharmacists, Physician Assistants, and Nurse Practitioners to Establish and Administer COVID-19 Testing Services With Proper Safety Protocols in Place

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. As such, we expect to see an increase in the

Executive Order 2020-86 Relaxes Restriction on Telemedicine for Physicians Certifying Medical Marihuana Patients

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 months of this year, health care spending has fallen 18% and 1.4 mil

Executive Order 2020-97 Requires Michigan Companies to Develop a COVID-19 Infectious Disease Plan by June 1, 2020, Or Within Two Weeks of Resuming In-Person Work

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 Michigan must have its COVID-19 Infectious Disease Plan made readily available