Medical Malpractice
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
FBMJ Attorneys Featured Presenters at MSHRM Event
FBMJ attorneys, Saulius Polteraitis and Carlos Escurel, recently presented “Covid Liability and Impact Medical Malpractice Claims” to the Michigan Society of Healthcare Risk Managers (MSHRM) as part of its Webinar series. They were joined by Mike Severyn of ProAssurance on the panel.The presentation covered the anticipated landscape of malpractice claims stemming from COVID, its impact on liti
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
FBMJ Attorneys Featured Presenters at MSHRM Event
FBMJ attorneys, Clyde M. Metzger and Mitchell C. Jackson, presented "Avoiding (Digital) Skeletons in the (Electronic) Closet" to the Michigan Society of Healthcare Risk Management (MSHRM) on September 16, 2020, as part of its Webinar series.The presentation covered current trends and legal issues surrounding the preservation of electronically-stored information ("ESI"), including the importance of
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