MSMS Offers Ongoing Legal Support Through Amicus Briefs > Michigan State Medical Society


MSMS Offers Ongoing Legal Support Through Amicus Briefs

The Michigan State Medical Society (MSMS) supports issues critical to the medical profession through submission of amicus curiae ("friend of the court") briefs, including six such briefs during the past 18 months.

The criterial for MSMS amicus briefs: (1) the issue must be one that affects Michigan physicians generally; and (2) the court must be capable of establishing precedent (i.e. generally, the Court of Appeals or Supreme Court).

Recent cases to which MSMS has added its voice range from statewide policy issues to individual lawsuits that have reached the state's Supreme Court.

  • Coalition Protecting Auto No-Fault v. The Michigan Catastrophic Claims Association
    MSMS has worked to support organizations working to open MCCA rate-making data to public review through the Freedom of Information Act.
  • Greer v. Advantage Health, et. al.
    At issue was whether a plaintiff should be allowed to recover as damages hospital expenses in excess of the amounts that were actually required to be paid. The Court of Appeals' ruling now stands, with the Supreme Court noting remaining statutory issues to be addressed by the Michigan Legislature.
  • Key Medical Malpractice Cases
    • Rock v. K. Thomas Crocker, DO
    • Krueger v. Spectrum Health Systems and Sam J. Giovannucci, MD
    • Jendrusina v. Shyam Mishra, M.D.

Most recently, MSMS was asked by the American Medical Association's Litigation Center to file an amicus brief in Trowell v. Providence Hospital, which will examine the distinction between facts which support a claim for medical malpractice v. ordinary negligence.

MSMS's leaders are keenly aware effective state policy leadership doesn't end once statutes are passed by the Legislature. Sound advocacy also is important as state and federal courts interpret the application of laws to the work our physicians and health care teams are doing each day.

MSMS offers aggressive pursuit of physician rights in every forum as well as personal access to a multitude of legal services through Kerr Russell, MSMS's legal counsel. MSMS advocates in court, represents physicians on state and federal regulatory boards and committees, and offers compliance guidance, legal consultation, hospital medical staff and managed care and employment contract assistance.

RELATED: One of MSMS's biggest values to its members is the Health Law Library, a current and comprehensive legal resource that is uniquely tailored to the physician perspective.


Posted in: State Government News, Tort Reform, Hot Topics, News for Practices