Medical Malpractice
Post-Daher, Michigan Court of Appeals Says the Loss of Services is Recoverable Under Wrongful Death Act
Last year, the Michigan Supreme Court issued their opinion in Daher v. Prime Healthcare (MSC Case No. 165377), which held that the loss of earning capacity was not recoverable under the Wrongful Death Act (WDA) and that the WDA only provides for enumerated damages. According to the text of the WDA, “the loss of services” is not a type of enumerated damage. Last month, the Michigan Court of App
Markel v. Beaumont et al. – Where Do We Stand?
The Michigan Supreme Court (MSC) recently reversed the judgment of the Michigan Court of Appeals (MCOA) and remanded the case of Markel v. Beaumont et al., to the Oakland County Circuit Court for further proceedings possibly ending a near six-year appellate saga on ostensible agency.BackgroundIn a 2018 medical malpractice lawsuit, Plaintiff claimed William Beaumont Hospital was vicariously liable
Anthony D. Pignotti Presents to American Society of Interventional Pain Physicians
Foley, Baron, Metzger & Juip (FBMJ) Member, Tony Pignotti, was invited to present to the American Society of Interventional Pain Physicians (“ASIPP”) at its recent conference titled, “Strategy for Successful Practice Management: Documentation, Compliance & Practice Building.” This two-day conference discussed various topics, including documentation for interventional pain managemen
FBMJ’s Mansoor Publishes, “Medical Malpractice & Artificial Intelligence: Where Are We?”
FBMJ attorney, Silvia Alexandria Mansoor, recently published an article titled, “Medical Malpractice & Artificial Intelligence: Where Are We?” in the Oakland County Bar Association's LACHES magazine (March 2025, No. 676). The article gives a brief history of artificial intelligence (AI), its intersection with medicine, and the current state of the law. Although still in its infancy in med
Pignotti Presents to Major Radiology Practice
On Wednesday, February 5, 2025, FBMJ Member, Tony Pignotti, presented to a group of radiologists at a Town Hall meeting conducted by one of the largest radiology practices in the State of Michigan. The presentation was designed to enhance the radiologists’ understanding of medical malpractice concepts pertaining to radiology and to help them minimize the risks of medical malpractice in their per
FBMJ Attorney Presents “Nursing Armor”
Foley, Baron, Metzger & Juip (FBMJ) partner, Sarah Cherry, recently presented “Nursing Armor” to a group of nursing students at Mid Michigan College in Harrison, MI. The presentation provided the nursing students tips on how to defend themselves through charting in the electronic medical record. Sarah also discussed the anatomy of a medical malpractice lawsuit, social media use by nurses
2025 Limitation on Noneconomic Damages in Medical Malpractice Cases in Michigan
On January 31, 2025, the Michigan Department of Treasury released its adjusted 2025 limitations on noneconomic damages for medical malpractice claims. The “upper cap” has been adjusted to $1,047,000 (increased from $1,016,000 in 2024), and the “lower cap” has been adjusted to $586,300 (increased from $569,000 in 2024). Michigan has limited the total amount of damages that can be recovere
FBMJ Welcomes Attorney Hannah R. Roberts
Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce the hiring of attorney Hannah R. Roberts as a Senior Associate with the firm.Hannah focuses her practice on defending healthcare professionals and institutions in business disputes and against medical malpractice claims. She has experience in a range of specialties, including orthopedics, general surgery, pediatrics, plastic su
Healthcare Texting: Dos and Don’ts
Text messaging has changed the way everyone communicates, including physicians and other healthcare professionals. While it is convenient, quick and common for physicians and other members of a healthcare team to use mobile devices to communicate with each other and with patients regarding care, texting with them has potentially serious risks.Foley, Baron, Metzger & Juip (FBMJ) partner, Brian
Brian Richtarcik Elected to Member at Foley, Baron, Metzger & Juip, PLLC
Foley, Baron, Metzger & Juip, PLLC, is pleased to announce the election of attorney Brian J. Richtarcik into the membership of the firm, effective January 1, 2025.Richtarcik is an accomplished trial and appellate attorney with over 20 years of experience in private practice. He maintains a significant practice defending healthcare providers in civil rights claims brought under 42 U.S.C. §1983