Equitable Tolling of Medical Malpractice Claim Waiting Period on Supreme Court’s Mini-Oral Argument Calendar

The Michigan Supreme Court has ordered mini-oral argument to be held in two cases addressing a very significant issue dealing with whether trial courts can disregard the notice waiting period required before filing a complaint in a medical malpractice action, either by disregard of the defect or allowing amendment of the complaint under MCL 600.2301. […]

Insurers and Businesses Should Always Consider What Options are Available for Insurance Coverage and Recovery of Insurance Assets When Facing a Dispute, Claim or Lawsuit

One of the most important ways insurance companies and businesses can manage their assets and control their liability is to think creatively about insurance and insuring agreements in managing their day-to-day business operations.  Disputes, claims, and yes, lawsuits often arise in the ordinary course of thriving and vibrant businesses.  This is a natural consequence of […]

Special Appellate Counsel for Emergency Appeals in State and Federal Court of Appeals and Supreme Court

It is the eve of trial.  The trial court judge, bent on forcing you into an unsavory settlement with opposing counsel, has granted opposing counsel’s motion in limine to exclude your proposed evidence from the jury’s consideration.  This is a key part of your client’s case and without it your client may be facing 100 […]

Equitable Amendment of Complaint Allowed to Toll Statute of Limitations in Medical Malpractice Action Even Where Original Complaint Filed Prematurely Before Expiration of Mandatory Notice Period

The Court of Appeals has issued its conflict panel opinion in the case of Furr v. McLeod, M.D., et al.   This is a case I previously wrote about in which the Court of Appeals convened a special conflict panel to determine whether the filing of an original complaint before the expiration of the mandatory notice period […]

Supreme Court Leaves Plaintiff’s Medical Malpractice Claim Intact to Recover Damages for Loss of Kidney in “Dual Organ” Case

The Supreme Court has let stand a Court of Appeals decision, which held that a doctor’s alleged misdiagnosis and ultimate removal of a cancerous kidney gave rise to a cause of action for damages because of the potential for greater future harm due to the additional risk associated with having only one functional organ. Lawrence Garcia, Esq. […]

Amicus Curiae Brief Submitted in Huddleston v. IHA of Ann Arbor, P.C., et al, Supreme Court No. 146041

We submitted an amicus curiae brief on behalf of the Michigan Defense Trial Counsel in this case before the Supreme Court to address the extent of damages potentially available in a medical malpractice action involving the loss of a “dual organ” by the plaintiff as a result of the alleged malpractice.  Here is the brief: huddleston.sc.amicus.curiae.br […]

Court of Appeals Requests Conflict Panel to Resolve Issue of Whether Plaintiff’s Prematurely Filed Complaint Can Be Equitably Amended to Allow Notice Period to Toll Statute of Limitations in Medical Malpractice Action

Yesterday, the Michigan Court of Appeals issued an adversarial published opinion in the case of Furr v. McLeod, MD, et al, Court of Appeals Docket No. 310652.  The panel ruled as it did only because prior Court of Appeals precedent  required it to do so under Michigan Court Rule (MCR) 7.215(J).  However, the panel requested impaneling a […]