Tag Archives: professional liability

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, … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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” … Continue reading

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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 … Continue reading

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Supreme Court Issues Peremptory Order Reversing Court of Appeals Opinion Admitting Expert Opinion Without Supporting Literature in Medical Malpractice Case

This peremptory order issued by the Michigan Supreme Court on September 25, 2013, reverses the Court of Appeals opinion in Tondreau ex rel Estate of Peetz v. Sachinders S. Hans, M.D., P.C.coa.opn. In this medical malpractice case plaintiff alleged malpractice … Continue reading

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New York’s Highest Court Holds Insurer Responsible Up to Policy Limits Where It Refused to Defend Attorney in Underlying Suit Alleging Professional Malpractice for the Lawyer’s Conduct Acting in His Capacity as a Principal of a Business and Insurer Could Not Invoke Policy Exclusions to Coverage

This is a rather unremarkable case from the point of view of the legal rules expressed by the opinion, but I wanted to highlight a few significant points for clients to consider when addressing the parameters of an insurer’s duty … Continue reading

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Michigan Supreme Court Grant Oral Argument to Consider Causation and Speculative Injury Claim in Medical Malpractice Action

The Supreme Court has granted oral argument on an application in a medical malpractice case to consider the Court of Appeals’ majority ruling that speculative injuries can be the basis for damages in a medical malpractice case.  The Court specifically … Continue reading

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