Emily M. Ballenberger

A member of the firm’s Mount Clemens office and Medical Liability Practice Group, Emily M. Ballenberger focuses her practice primarily on the defense of physicians, physician’s assistants, hospitals, and other healthcare professionals involved in medical malpractice or section 1983 litigation.

Ms. Ballenberger has assisted in the successful defense of multi-million dollar medical liability cases, including matters involving catastrophic injuries and deaths. She has also successfully concluded numerous cases prior to trial through her aggressive motion practice.

Representative Client Work

• Sat second chair during several complex medical malpractice trials and assisted in defense of claims alleging failure to diagnose endocarditis, an alleged failure to properly perform orthopedic surgery and an alleged failure to properly diagnosis cancer.
• Successfully obtained dismissal of several claims through her aggressive dispositive motion practice with recent favorable outcomes including dismissals based on plaintiff’s failure to establish causation and failure to timely file an affidavit of merit.
• Authored and argued several motions in limine, significantly hampering plaintiff’s case by excluding trial issues.
• Authored a book on Michigan law and the related legal issues involving physician assistants.
• Provided several seminars to members of the Michigan Academy of Physician Assistants.
• Frequently defends physician assistants against claims of medical malpractice.

Professional Affiliations

• Macomb County Bar Association
• State Bar of Michigan (Healthcare Law Section)
• American Bar Association

Community Involvement

• Museum of Contemporary Art Detroit, "New Ware" member

Publications & Lectures

• "Affidants of Merit: Sword or Shield?," Plunkett Cooney Medical Liability Seminar, 2008
• Physician Assistant References in the Public Health Code and Other Related Statutory References, Michigan Academy of Physician Assistants, 2007
• “Special Aspects of Physician Assistant Law,” Plunkett Cooney Medical Liability Seminar, 2007
• “Tips for Avoiding Medical Malpractice,” Michigan Academy of Physician Assistants, 2007
• 2006 Medical Malpractice Cases Year in Review, Plunkett Cooney Healthcare Law Update, 2007
• “Physician Assistants & Michigan Law,” Michigan Academy of Physician Assistants, 2006
• “HIPAA: Does anyone really know who we can talk to?,” Plunkett Cooney Medical Liability Seminar, 2006
• Michigan Court of Appeals Declares Conflict with Ousley, Healthcare Law Update, 2006
• 2005 Medical Malpractice Cases Year in Review, Plunkett Cooney Healthcare Law Update, 2006
• “Overview of Michigan Tort Reform,” Michigan Academy of Physician Assistants, 2005
• Practice Tips for a Physicians Supervising Physician Assistants, Healthcare Law Update, 2005

Publications

• Post Operative Activities Key to Determining ‘One Most Relevant Specialty’ for Expert Witness Qualification
• Rocket Docket Indefinitely Suspended Due to Budget Constraints
• A Comprehensive Guide to the Appellate Court Rulings on Key Medical Malpractice Issues in 2006
• Plaintiff May Not Rely Upon Equitable Tolling to Escape Retroactive Effect of Waltz v Wyse
• Case Law Updates
• Court Relaxes Rules for Matching Affidavits