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Medical Malpractice

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, suffering, inconvenience, physical impairment, physical disfigurement, loss of society an

Foley, Baron, Metzger & Juip Welcomes New Attorney

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Christopher J. Ryan has joined the firm as a Senior Associate attorney. Clyde M. Metzger, Managing Member, made the announcement.In his new position, Ryan will join the Healthcare Law practice group representing physicians, nurses, physician groups, healthcare institutions, hospitals, management service organizations and oth

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 Rear: Pressure Injuries, At

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 robot-assisted hysterectomy.The case involved an ureteral injury that developed in

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”). She stated that rumors that applications are a

Beating the School Bell: Supreme Court Adopts Lenient Tardy Policy for NOIs.

If a Notice of Intent (“NOI”) is served on the final day of the statute of limitations period when only a fraction of a day remains, is that fractional day tolled and preserved for statute of limitations purposes? The Michigan Supreme Court addressed this question in its June 27, 2017 Opinion in Haksluoto v. Mt Clemens Regional Medical Center. Conjuring images of a teacher in a one-room school

Governor Snyder Signs Naloxone Standing Order

On May 25, 2017, Governor Rick Snyder approved and signed the Michigan Chief Medical Executive’s Standing Order (akin to a state-wide prescription) pre-authorizing the distribution of naloxone by pharmacists. Naloxone hydrochloride (naloxone) is a fast-acting medication intended to reverse the effects of an opioid-related drug overdose.   Prior to this Standing Order only law enforcement or ot

Improved Michigan Automated Prescription System Now Operational

In what has been identified as a new tool in the fight against opioid abuse and controlled substance diversion, the Department of Licensing and Regulatory Affairs (LARA) announced Tuesday, April 11, 2017, that improvements to the Michigan Automated Prescription System (MAPS), Michigan’s electronic monitoring system that tracks Schedule 2-5 controlled substances dispensing, were completed with it

2017 Non-Economic Damages Caps

The State of Michigan Department of Treasury has announced the 2017 Non-Economic Damages Caps for 2017 for medical malpractice claims. With respect to obtaining compensation for the injured plaintiff, Michigan – by statute – places a cap on the amount of noneconomic loss that a plaintiff may be awarded in a medical malpractice lawsuit.  Noneconomic damages are designed to compensate for injur

Juip Featured in Another Video in the Series, “Two Minutes, What’s the Risk?”

FBMJ Partner, Randall Juip was again featured in the continuing YouTube video series “Two Minutes, What’s the Risk?” produced by ProAssurance, a provider of innovative healthcare liability insurance solutions.In this video Juip explains that statistics show the question of whether a physician will be sued is not “if,” but “when.” He offers three important recommendations on how pract