Medical / Professional Malpractice Defense

Foster Swift represents physicians, nurses, and hospitals in defense of medical malpractice claims.

Representative Experience

• Successfully argued filing of a defective Affidavit of Merit with a medical malpractice Complaint tolls the period of limitations
• Supreme Court Agrees with Foster Swift Client: In Medical Malpractice Actions, Expert Witnesses must be Board-Certified in the same Specialty or Sub-specialty as the Defendant Physician
• Michigan Court of Appeals holds Plaintiff's Expert Sufficiently Matched Defendant Doctor's Board Certifications
• Witnesses in Medical Malpractice
• Held that the Michigan statute did not reform a Release into a Covenant Not to Sue

Publications & Alerts

• Credentialing Files and Physician Procedure Logs Are Protected Against Disclosure, Foster Swift Medical Malpractice E-News, January 4, 2011
• Too Much Company Required: Plaintiff Attorneys at Defense Attorney Meetings with Healthcare Providers, Foster Swift Medical Malpractice E-News, December 2, 2010
• Court of Appeals Holds That a Deficient Notice of Intent May be Amended, Even if the Notice was Mailed Before the 2004 Amendment to the Notice Statute, Foster Swift Medical Malpractice E-News, September 10, 2010
• Ex Parte Interviews of Treating Physicians are Allowed Under HIPAA, Foster Swift Medical Malpractice E-News, July 16, 2010
• Michigan Court of Appeals Clarifies Relationship Between Allegations Allowed in a Medical Malpractice Complaint Which Were Not Specifically Outlined in the Plaintiff's Notice of Intent, Foster Swift Medical Malpractice E-News, April 19, 2010
• Sixth Circuit Upholds Sentencing of Anesthesiologist and Determines Health Care Fraud that Results in a Reasonably Foreseeable Death is Subject to Enhanced Criminal Penalties, Foster Swift Health Care Law Report, February 2010

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News

• Foster Swift Elects Paul J. Millenbach to Firm's Executive Committee, February 12, 2010
• Foster Swift Elects Dana Bennett as Shareholder, January 27, 2010