Healthcare Issues
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
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
Covenant Broken?
The recourse for healthcare providers in recouping costs from No-Fault insurers was cast into serious doubt in the wake of the Michigan Supreme Court’s ruling in Covenant Medical Center v State Farm Mutual Automobile Insurance Co. (Supreme Court Case No. 152758). In its May 25, 2017 Opinion, the high court held that a healthcare provider does not have an independent statutory cause of action aga
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
Medical Marijuana Laws to Bring New Regulations Once Appointments Made
A recent delay will likely slow the announcement of specific rules and regulations that will govern the application process for a license under the Medical Marihuana Facilities Licensing Act (the Act). Michigan Governor Rick Snyder signed a package of three bills that created regulatory framework for the distribution of medical marijuana in September, 2016. The bills, which went into effect in Dec
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
Greer: A Pain in the Rear(view)
Greer v Advantage Health has been a drama three years in the making. There’ve been highs, lows, and perhaps a few tears. But, all that is behind us now! Mostly…On January 6, 2017, Governor Rick Snyder signed Senate Bill 1104, which remedies the problem created in Greer by ensuring that plaintiffs are awarded fair compensation for medical expenses actually incurred rather than windfall recov
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