Medical Malpractice
FBMJ Attorneys Co-Author Medscape Article – 7 Legal Risks of Promoting Unproven COVID Treatments
FBMJ attorneys Julie Janeway and Brian Whitelaw co-authored, “7 Legal Risks of Promoting Unproven COVID Treatments,” published by Medscape on December 6, 2021. The article cautions healthcare providers of the risks of promoting unproven products, preventives, treatments and cures when treating patients with COVID-19.The article discusses the consequences from state medical boards, including t
FBMJ Attorney Teams Up with Med-IQ
In December 2021, FBMJ attorney Brian Whitelaw provided expert audio commentary for an accredited Med-IQ online course for physicians on topics including risks involving Medical Record Documentation, Advanced Practice Providers, Robotics, Telemedicine, Electronic Health Records and Urgent Care.Med-IQ is part of the Coverys family of companies and provides medical professionals with knowledge to im
Supreme Court Orders End of Mandatory Case Evaluation Effective Jan. 1, 2022
The Michigan Supreme Court has amended the Michigan Court Rules to eliminate the requirement that all civil cases go through the Case Evaluation process. Instead, the parties will now be able to stipulate to an alternative process to resolve the case – facilitation or mediation. Additionally, the amendments remove the sanctions provisions from the Case Evaluation process.These changes are effect
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.
Clyde Metzger Recognized as “Go To Lawyer” for Medical Malpractice by Michigan Lawyers Weekly
Foley, Baron, Metzger & Juip, PLLC is pleased to announce that Clyde Metzger, a Founding Member of the firm and current Firm Manager, has been named one of 15 “Go To Lawyers” for medical malpractice law by Michigan Lawyers Weekly.Now in its second year, the “Go To Lawyers” program recognizes leading lawyers in particular fields of law in Michigan. Metzger, along with other honorees, wi
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
Unlicensed = Uncapped?
Claims against an unlicensed medical assistant employed by a non-profit medical institution sound in ordinary negligence and are not subject to the non-economic medical malpractice damages cap—at least according to the Michigan Court of Appeals’ recent published decision in Estate of John Swanzy v. Edward J. Kryshak, M.D., et al.If it stands, this decision could drastically increase the poten