Healthcare Issues
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,
State Clarifies “Applicants” for Marijuana Licensure
The Michigan legislature has given further guidance to individuals and businesses interested in obtaining a license for or participating in a new marijuana business. Public Act 3 of 2019, signed into law in April 2019, has clarified the confusion over who is considered an “Applicant” for application disclosure purposes on MMFLA applications submitted after the beginning of 2019.Only “applica
New Steps to Advance FDA’s Evaluation of CBD
The Food and Drug Administration (FDA) is moving forward with evaluating ways to allow cannabis and cannabis-derived products like cannabidiol (CBD) into foods, beverages, and dietary supplements. A public hearing will be held on May 31, 2019 at its White Oak Campus in Silver Spring, Maryland to discuss ways to bring products containing CBD and other cannabinoids to market. The information gathere
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
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
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
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