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Leslie Brueckner

Patients v. Profit: Landmark Case at South Dakota Supreme Court

When a patient’s doctor is found to have repeatedly, and brutally, performed unnecessary surgery after surgery, does the patient have a right to know why that physician was ever allowed inside a hospital’s doors in the first place? That’s the central question at the heart of Novotny v. Sossan, a case filed on behalf of more than thirty plaintiffs who claim they were victims of a scheme by two South Dakota hospitals to commit fraud by subjecting those patients to unnecessary and dangerous spinal surgeries that left many of them permanently injured.

Thomas Dennis

10 Year Old’s Death Shows Need for Water Park Oversight

Orlando is known as the theme park capital of the world.   It’s home to Disney and Universal Studios, along with many other theme parks such as SeaWorld,  Wet’n’Wild and FunSpot.  Many theme parks in Orlando have begun to incorporate water […]

Page Graves

No-Fault Medical Provider Actions Now At Potential Risk

On May 27, 2016, the Michigan Supreme Court has effectively signaled a complete 180 from its stated opinion exactly one-year ago, despite no change in the Court’s current composition of justices.  Last May 28, 2015, the Michigan Supreme Court denied an application to appeal a decision […]

Page Graves

UBER & Michigan No-Fault Insurance Risks

Before getting into an “Uber” car in Michigan, or for that matter becoming an Uber driver in Michigan, it would be prudent to thoroughly investigate the idea before proceeding with either plan.  There are several inherent insurance related risks associated with […]

Page Graves

Boat Owner’s Duty & Liability To Passenger While Boarding

The Michigan Court of Appeals has just reaffirmed a boat owner’s duty and resulting liability to his/her passengers while boarding.  The case is Lenhoff v Rechter, an unpublished per curiam opinion (Docket No. , dated May 12, 2016).  In Lenhoff, the plaintiff […]

Page Graves

Generic Notice of Injury Satisfies Statutory Notice for No-Fault PIP Benefits

The Michigan Court of Appeals issued a published decision affirming the basic rule that an injured claimant’s generic notice of injury constitutes sufficient notice to a liable no-fault insurer.  The case is Dillon v State Farm Mut Auto In Co, ___ […]

Page Graves

Medical Service Providers’ Coordination of Primary Health v. No-fault Coverages

Medical service providers must carefully adhere to the procedures and administrative guidelines set forth in participating provider agreements with primary health insurers.  Failure to do so will prove fatal to any secondary no-fault claim.  That is exactly what happened to […]

Bob Shepherd

How to Lay the Foundation for Demonstrative Evidence

Many of the attorneys who use the demonstrative aids created by MediVisuals, or by others, are familiar with the technical aspects associated with “Laying the Foundation” of graphics for “Demonstrative Evidence.” Many attorneys using demonstrative evidence for the first time, […]

Page Graves

A Person Who Is Injured While Occupying An Uninsured Vehicle That Is Not Operable May Recover No-fault PIP Benefits

The Michigan Court of Appeals recently published a case that holds that a person who is injured while occupying an uninsured vehicle that is not operable may recover no-fault PIP benefits.  The case is Shinn v State of Michigan Assigned Claims Facility, ___ Mich […]

Page Graves

Chiropractic Care Reimbursement Restricted by No-Fault Act

On February 9, 2016, the Michigan Court of Appeals issued a Published Opinion that restricts certain reimbursements for chiropractic care under the no-fault act.  The case is Measel v Auto Club Ins Co.  The basic facts are that Ms. Measal […]