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Medical Malpractice

Supreme Court Amends Discovery Rules

By:  Christopher J. Ryan, Esq.On June 19, 2019, the Supreme Court issued an order amending multiple Court Rules in ways that will significantly alter the daily practice of attorneys engaged in civil litigation. 11 of the 16 rules contained in subchapter 2.300 (addressing discovery in civil proceedings) were amended. The amendments take effect January 1, 2020. This article highlights some of what

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, 

Saulius Polteraitis Elected to MSHRM Board of Directors

FBMJ attorney Saulius Polteraitis was elected to an at-large director seat on the Michigan Society of Healthcare Risk Management (MSHRM) Board of Directors at their annual meeting in May 2019. During his 2-year term Polteraitis will assist the organization with decisions on the business, membership and influence of MSHRM in the healthcare industry.Founded in 1979, MSHRM is an organization that pro

(Ian) Eric Nordan Joins Foley, Baron, Metzger & Juip, PLLC as an Associate

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that (Ian) Eric Nordan has joined the firm as an Associate. Clyde M. Metzger, Managing Member, made the announcement.Eric has joined the Healthcare Law practice group and will be representing pharmacists, physicians and other healthcare professionals with licensure and/or regulatory issues, buy-sell transactions, contracts and ot

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 statute in MCL § 600.1483, which defines “non-economic loss” as d

Elyse L. Heid Joins Foley, Baron, Metzger & Juip, PLLC as an Associate

Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Elyse L. Heid has joined the firm as an Associate. Clyde M. Metzger, Managing Member, made the announcement.Elyse’s practice focuses on defending healthcare professionals and entities in medical malpractice litigation. Her experience includes handling birth trauma, radiology, urology, orthopedic surgery, nursing, and other

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 Medical Center on the lack of ostensible agency between the hospital and an indepen

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 panel reversed the trial court’s denial of the Defendant’s Motion for Summary

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, management service organizations

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 roster of skilled trial attorneys.”In his new position, Tucciarone will join t