Plunkett Cooney’s Medical Liability Practice Group is comprised of knowledgeable and dedicated attorneys who vigorously defend all types of alleged medical malpractice lawsuits. These attorneys defend claims against doctors in general and specialized practice, pharmacists, chiropractors, dentists, podiatrists, psychologists, psychiatrists, hospitals and their employees, medical clinics, mental health facilities and extended care facilities.

Many of the group's attorneys specialize in specific medical disciplines, and several have educational backgrounds in medically related fields. Their intimate knowledge of highly technical medical procedures, treatments and healthcare policies are front-line assets in the defense of claims alleging medical malpractice.

The members of the medical liability group are also very active in defending physicians and other healthcare providers in licensing matters brought by the State of Michigan Bureau of Health Professionals and in representing hospitals and individuals charged with violations of the Health Insurance Portability and Accountability Act (HIPAA).

Plunkett Cooney’s medical liability attorneys are frequent speakers on a variety of medical and legal topics including, but not limited to, deposition preparation, proper record keeping and documentation, liability issues unique to extended care facilities and presentation of mock trials.

Adding further depth to the medical liability practice, our attorneys work closely with members of the firm's appellate department, who assist in the preparation of dispositive motions, pertinent motions in limine, complex verdict forms and other aspects of litigation and post-trial procedure.

Representative Matters

• Successfully defended a cardiologist in a wrongful death action where plaintiff alleged improper work up of heart disease resulting in a myocardial infarction while driving an automobile causing the plaintiff’s death and the death of the individual whom plaintiff hit. A no cause for action was obtained on all counts.

• Represented an emergency medicine physician and a hospital in a case where the plaintiff alleged failure to diagnose an impending myocardial infarction. The patient ultimately required a heart transplant and claimed he was totally disabled. Medical bills alone amounted to over $2,000,000. The case resulted in verdict of no cause of action and the defendants were later awarded substantial case evaluation sanctions.

• Represented a nursing home in an alleged wrongful death action arising from a patient fall. The jury did not believe the nurses were negligent and rendered a no cause verdict in favor of the nursing home.

• Represented a medical oncologist in a matter alleging failure to timely diagnose and treat an elevation in the patient’s CEA level.  Summary disposition was granted in favor of the defendant physician when the plaintiff was unable to establish the loss of a substantial opportunity to survive.

• Successfully defended a birth trauma case involving paraplegia where plaintiff’s demand to the jury was $15,000,000

• Received a “no cause for action” verdict on behalf of a psychiatrist who allegedly failed to warn of a patient’s homicidal and suicidal tendencies and failed to obtain involuntary psychiatric admission, resulting in the patient killing several people

News

• Three shareholders elected to Plunkett Cooney’s Board of Directors
• Firm Names Andreou Medical Liability Practice Group Leader
• Plunkett Cooney attorneys among ‘Best’ in America
• Hoffman Elected to State Bar Healthcare Leadership Council
• Plunkett Cooney Attorneys Named 2007 Michigan 'Super Lawyers'

Publications

• Post Operative Activities Key to Determining ‘One Most Relevant Specialty’ for Expert Witness Qualification
• Rocket Docket Indefinitely Suspended Due to Budget Constraints
• Patient's Comparative Fault Nixes Medical Liability Claims
• Plaintiff May Not Rely Upon Equitable Tolling to Escape Retroactive Effect of Waltz v Wyse
• Court Relaxes Rules for Matching Affidavits
• Reasonable Belief does Not Validate Affidavit of Meritorious Defense
• Michigan Court of Appeals Held 'Bare Bones' Affidavit of Merit is Sufficient
• Filing a Notice of Non-Party Fault can Increase Defendants' Exposure
• 'Present and Working' at Hospital is Not a Material Fact that Doctors are Employees
• Obstetrician Not Qualified to Testify About Midwifery Standards
• Informed Consent Does Not Include Surgeon’s Success Rate
• Court Says Surfing Web Sites Not Enough to Verify Expertise of Defendant Doctors
• 2005 - The Year in Review
• Croskey Re-Visited-Restrictions to Ex Parte Meetings Reduced
• Expert Who Signs Affidavit of Merit Need Not be Qualified to Testify Regarding Proximate Cause
• Defendants Risk Court Sanctions by Conducting Non-HIPAA Compliant Ex-Parte' Interviews
• A Second Notice of Intent to File A Claim Can Serve to Toll Statute of Limitations
• Michigan’s Medical Damages Cap Reduces Federal Jury’s Verdict
• Successor Personal Representative Cannot Revive An Untimely Complaint
• Trial Court Must Conduct Searching Inquiry Before Determining Expert Testimony Is Unreliable
• Res Ipsa Does Not Always Speak for Itself: Expert Testimony Needed to Establish Medical Malpractice
• Additional Two-Year Tolling Period is not Automatic for Successor Personal Representatives
• Apsey Update: Out-of-State Notary Certification Requirement to be Applied