Medical Malpractice
Court of Appeals Cites Denney Damages in Medical Malpractice Ruling for the First Time
By: FBMJ Attorneys Sarah Berard, Daniel Cortez, Juliana Khalifeh, and Saulius Polteraitis.A decision July 30, 2020 from the Court of Appeals applies, for the first time in a medical malpractice case, a controversial 2016 opinion that allows plaintiffs in wrongful death cases recovery of lost wages of the decedent as well as loss of financial support. FBMJ attorneys believe this ruling improperly
Attorney Anthony D. Pignotti Featured Presenter for Michigan Society of Healthcare Risk Management (MSHRM)
FBMJ attorney, Anthony D. Pignotti, presented “Use and Disclosure of Electronically Stored Information in Healthcare” to the Michigan Society of Healthcare Risk Management (MSHRM) on July 15, 2020, as part of its Summer Webinar Series. The presentation covered the potential types of ESI generated and maintained in healthcare systems, the legal rules governing ESI, the legal implications of E
Carlos Escurel Joins Foley, Baron, Metzger & Juip, PLLC as an Associate Principal
Foley, Baron, Metzger & Juip, PLLC, is pleased to announce that Carlos Escurel has joined the firm as an Associate Principal.Escurel brings extensive experience in the area of medical malpractice to the firm, having defended healthcare professionals and institutions for over 17 years. His primary focus is handling complex medical malpractice claims and premises liability claims. He also has ex
Michigan State of Emergency Extends Into July: Here’s What Litigants Need to Know
Many of the more than 160 Executive Orders and Administrative Orders Gov. Whitmer and the Michigan Supreme Court have issued in response to the COVID-19 pandemic impact the legal system, the litigants, and their insurers. Below is a brief review of how these orders change important civil litigation deadlines ranging from the statute of limitations, motion practice and trials. These changes will co
Away With Solowy? Supreme Court Takes Up Appeal that Could Lead to Expansion of 6-Month Discovery Rule
By: Christina J. Green, Nicole C. Joseph-Windecker and Mitchell C. JacksonHow long does a plaintiff have to file a medical malpractice case? Well, that could be changing soon, as the Michigan Supreme Court recently took up an appeal that may give plaintiffs more time to file suit. This appeal could impact the healthcare community and its insurers for decades to come due to its potential to expa
The Ol’ Expert Switcheroo: COA Holds AOM Signed by New Expert “Amendment” and Relates Back
If a plaintiff replaces an affidavit of merit (AOM) signed by an unqualified expert with one signed by a qualified expert, does the subsequent AOM constitute an “amendment” to the original AOM, such that it relates back for statute of limitations purposes? Surprisingly, yes—at least according to the Court of Appeal’s recent opinion in Legion-London v. Surgical Inst. of Mich Ambulatory Surg
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