Medical Malpractice
2020 Michigan Non-Economic Damages Caps
The State of Michigan Department of Treasury has announced the 2020 Non-Economic Damages Caps for medical malpractice claims. With respect to obtaining compensation for the injured plaintiff, Michigan has a statutory cap on the amount of noneconomic loss that a plaintiff may be awarded in a medical malpractice lawsuit. Noneconomic damages are intended to compensate the plaintiff for injuries and l
COA: Medicaid Lien Reimbursement Made Easy…
On February 4, 2020, the Michigan Court of Appeals issued its published opinion in the matter of Theresa Byrnes, et al. v. Jacob Martinez, M.D., et al. This opinion provides much-needed guidance to attorneys and courts regarding the methods used to consider and implement when attempting to settle a lawsuit involving a Medicaid lienholder. The opinion also provides specific guidance regarding how t
FBMJ Attorney Featured Speaker at Annual Nursing Professional Development Day
On November 7, 2019, FBMJ attorney, Sarah Tupica Berard, presented “Anatomy of a Lawsuit” at Beaumont Hospital Farmington Hills at its Second Annual Nursing Professional Development Day. The presentation was designed to enhance the nursing staff’s understanding of the litigation process, best practices in documentation and the interplay between documentation and giving a deposition in a malp
FBMJ Client Prevails in Dismissal of Medical Malpractice Action
The Michigan Court of Appeals (COA) recently sided with arguments made by FBMJ attorneys, Anthony Pignotti and Randall Juip, resulting in a victory for their client. In an unpublished opinion issued by a panel of the Court of Appeals on August 13, 2019, the Court unanimously reversed the trial court’s partial denial of summary disposition and remanded the case to the trial court for entry of an
FBMJ Attorneys Featured Speakers at Hospital Live Lecture Grand Rounds
On November 4, 2019, FBMJ attorneys, Clyde Metzger and Mitchell Jackson, presented “Defending Your Care Through Documentation” to residents, interns, physicians and Risk Managers at St. Joseph Mercy Oakland (SJMO) in Pontiac, Michigan as part of its live lecture Grand Rounds, a continuing medical education (CME) program. The presentation was designed to enhance the medical professionals’ und
Nicole Joseph-Windecker Joins Foley, Baron, Metzger & Juip, PLLC as an Associate
Foley, Baron, Metzger & Juip, PLLC (FBMJ) is pleased to announce that Nicole Joseph-Windecker has joined the firm as an Associate Attorney. Clyde M. Metzger, Managing Member, made the announcement.Nicole’s practice will focus on defending healthcare professionals and entities in medical malpractice litigation. In addition to defending healthcare professionals, Nicole has experience defending
FBMJ Attorneys Featured Speakers at Michigan Radiological Society Conference
FBMJ attorneys, Randall A. Juip and Anthony D. Pignotti, presented “Current Issues in the Overlap Between Radiology and the Law” to members of the Michigan Radiological Society on October 12, 2019, at their UpNorth Conference in Traverse City, Michigan. The conference was an opportunity for diagnostic radiologists, interventional radiologists, radiation oncologists, nuclear medicine physicians
FBMJ Attorneys Featured Speakers at U of M College of Pharmacy Event
FBMJ attorneys, Kim Sveska, RPh, MS, JD and Eric Nordan, RPh, PharmD, JD, presented “Current Status of Marijuana in Michigan” to more than 200 members of the University of Michigan College of Pharmacy on October 4, 2019, at the Tom D. Rowe 68th Annual Pharmacy Lectures in Ann Arbor, Michigan. The lectures presented important and emerging issues in pharmacy practice and drug therapy. Sveska’s
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,