Medical Malpractice
FBMJ’s Medical Malpractice Attorneys Obtain Successful No Cause Verdict
On July 21, 2017 attorneys Clyde Metzger and Carole Empey obtained a no cause verdict on behalf of their clients, an obstetrician gynecologist, a professional services organization of physicians and a hospital. The jury found no malpractice and that the Defendants complied with the standard of care during a DaVinci robot-assisted hysterectomy.The case involved an ureteral injury that developed in
LARA Director: Emergency Rules for Marijuana Applications Coming This Fall
The Michigan Licensing and Regulatory Affairs (LARA) director, Shelly Edgerton, announced that emergency rules will initially be put in place this fall so that the state can meet its December deadline to accept applications for marijuana grower, processor, and transporter licenses under the Medical Marijuana Facilities Licensing Act (the “MMFLA”). She stated that rumors that applications are a
Beating the School Bell: Supreme Court Adopts Lenient Tardy Policy for NOIs.
If a Notice of Intent (“NOI”) is served on the final day of the statute of limitations period when only a fraction of a day remains, is that fractional day tolled and preserved for statute of limitations purposes? The Michigan Supreme Court addressed this question in its June 27, 2017 Opinion in Haksluoto v. Mt Clemens Regional Medical Center. Conjuring images of a teacher in a one-room school
Governor Snyder Signs Naloxone Standing Order
On May 25, 2017, Governor Rick Snyder approved and signed the Michigan Chief Medical Executive’s Standing Order (akin to a state-wide prescription) pre-authorizing the distribution of naloxone by pharmacists. Naloxone hydrochloride (naloxone) is a fast-acting medication intended to reverse the effects of an opioid-related drug overdose. Prior to this Standing Order only law enforcement or ot
Improved Michigan Automated Prescription System Now Operational
In what has been identified as a new tool in the fight against opioid abuse and controlled substance diversion, the Department of Licensing and Regulatory Affairs (LARA) announced Tuesday, April 11, 2017, that improvements to the Michigan Automated Prescription System (MAPS), Michigan’s electronic monitoring system that tracks Schedule 2-5 controlled substances dispensing, were completed with it
2017 Non-Economic Damages Caps
The State of Michigan Department of Treasury has announced the 2017 Non-Economic Damages Caps for 2017 for medical malpractice claims. With respect to obtaining compensation for the injured plaintiff, Michigan – by statute – places a cap on the amount of noneconomic loss that a plaintiff may be awarded in a medical malpractice lawsuit. Noneconomic damages are designed to compensate for injur
Juip Featured in Another Video in the Series, “Two Minutes, What’s the Risk?”
FBMJ Partner, Randall Juip was again featured in the continuing YouTube video series “Two Minutes, What’s the Risk?” produced by ProAssurance, a provider of innovative healthcare liability insurance solutions.In this video Juip explains that statistics show the question of whether a physician will be sued is not “if,” but “when.” He offers three important recommendations on how pract
Randall Juip Featured in New Videos Released in the “Two Minutes, What’s the Risk?” Series
FBMJ Partner, Randall Juip was recently featured in a continuing YouTube video series “Two Minutes, What’s the Risk?” produced by ProAssurance, a provider of innovative healthcare liability insurance solutions.In this video, Randy explains the disconnect that often occur in the minds of jurors when physicians order various patient tests, but fail to follow up with them on the results. He fur
Randall Juip Featured on ProAssurance YouTube Video Series “Two Minutes, What’s the Risk?”
ProAssurance, a provider of innovative healthcare liability insurance solutions, recently featured Foley, Baron, Metzger & Juip Partner Randall Juip on its YouTube video series “Two Minutes, What’s the Risk?”In the video, Randy explains the importance of electronic health records (EHR) and charting in the context of litigation. In particular, he discussed why it's critical to review EHRs
FBMJ Attorneys Co-Author Article for The Litigation Journal on the History & Development of Woodard v. Custer
FBMJ attorneys Anthony Pignotti and Mitchell Jackson co-authored “The 10th Anniversary of Woodard v. Custer: Where We’ve Been and Where We’re Going” published in the Summer 2016 issue of The Litigation Journal. The article focused on issues surrounding standard of care qualification requirements set forth for expert witnesses in medical malpractice cases in MCL § 600.2169, 10 years after