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Anthony Pignotti Co-Authors Article for Michigan Defense Quarterly

FBMJ attorney, Anthony D. Pignotti recently co-authored an article titled, “Litigating the Value of Medical-Expense Damages,” published in the Michigan Defense Quarterly (Vol. 38, No.1, 2021), a publication of the Michigan Defense Trial Counsel (MDTC). The article discusses recoverable economic damages in civil actions and focuses specifically on issues related to medical-expenses damages.

Credentialing Case Closed: COA Rules Ambulatory Surgical Center Credentialing File Privileged

Is an ambulatory outpatient surgical center’s credentialing file discoverable and admissible at trial? No and no, according to the Michigan Court of Appeals’ published decision in Dorsey v. Surgical Institute of Michigan, where the Court extended the statutory protection for credentialing files beyond hospitals to also include ambulatory surgical centers.The statutory protection regarding non-

FBMJ Attorney Featured Speaker at St. Mary Mercy’s Resident Retreat

On June 23, 2021, FBMJ attorney, Mitchell C. Jackson, presented “Defending Your Care and Keeping Lawyers Out of Your Hair” to Emergency Medicine residents, as part of St. Mary Mercy’s annual Resident Retreat.The presentation included discussions regarding the anatomy of a medical malpractice lawsuit; the unique challenges associated with electronic health records, text messaging, and social

FBMJ Attorneys Publish Article in the American Journal of Roentgenology

FBMJ attorneys, Randall A. Juip and Anthony D. Pignotti  recently co-authored an article entitled, “The Medical Malpractice Deposition: A Review for Radiologist Defendants,” which was accepted for publication in the American Journal of Roentgenology (AJR 2021 June 9), a publication of the American Roentgen Ray Society (ARRS). The article was co-authored with radiologists, Casey Stewart

The Early Bird Gets the Worm (& Expert Witness)

In deciding an issue of first impression, the Michigan Court of Appeals, in the published case of Teutsch v. Van De Ven, adopted a new test to determine whether an expert witness should be disqualified from serving as a defense expert after he had issued a bright line rule that will have application for future cases involving this issue.This case should lead malpractice insurers and self-insured f

Pharmacist Attorney Kim Sveska Publishes Article for MPA Journal – “Don’t Forget to Sue the Pharmacist”

FBMJ pharmacist attorney, Kim Sveska, recently published the article “Don’t Forget to Sue the Pharmacist” in the Michigan Pharmacist Journal (2021 Vol. 59 Issue 1), a publication of the Michigan Pharmacists Association (MPA). The article discusses recent legal precedents that could lead to greater liability for pharmacists.The Michigan Pharmacists Association (MPA) is a state professional so

2021 Michigan NonEconomic Damages Announced

On January 27, 2021, the State of Michigan Department of Treasury released the 2021 limitations on noneconomic damages in medical malpractice cases. The “upper cap” limitation was adjusted to $851,000. The “lower cap” was adjusted to a limitation of $476,600.Michigan has placed a limitation on the total amount of damages that can be recoverable for noneconomic loss in a medical malpractice

Michigan Gov. Signs Law Giving Healthcare Facilities Liability Protections

On October 22, 2020, Governor Whitmer signed into law House Bill 6159, creating a Pandemic Health Care Immunity Act to protect health care workers against liability for claims arising out of care provided in response to the COVID-19 pandemic. This law was part of a package of COVID-related bills signed last week that included a law that protects businesses that comply with “all relevant COVID-19

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