Is the Sun Setting on Tort Reform Laws? Not If Michigan Physicians… Doc the Ote

AWARD-WINNING MAGAZINE OF THE MICHIGAN STATE MEDICAL SOCIETY September/October 2012 • Volume 111 • No. 5 msms.orgWWW MichiganMedicine Is the Sun Setting on Tort Reform Laws? Not if Michigan Physicians… DOC THE OTE ALSO IN THIS ISSUE • The Effect of Payment Reform on Physician Practices – Part 1 • Why the Supreme Court Race is Important • Recommendations for the Management of HBV-Infected Health Care Providers II MICHIGAN MEDICINE September/October 2012 Volume 111 • Number 5 MICHIGAN MEDICINE 1 Executive Director Julie l. Novak Committee on Publications lYNN S. GRaY, MD, MPH, Chair, Berrien Springs MichiganMedicine MiCHAEL J. eHLERT, MD, livonia September/October 2012 • Volume 111 • Number 5 THeODORe B. JONeS, MD, Detroit BaSSaM NaSR, MD, MBa, Port Huron COVER STORY STeVeN e. NeWMaN, MD, Southfield PeGGYaNN NOWAK, MD, West Bloomfield 9 Philosophy Matters By Stacy Sellek Director of Communications During this election cycle, it’s crucial for physicians to become as informed and engaged as & Media Relations possible in the Michigan Supreme Court race. MDPAC-endorsed candidates Justice Stephen Jessy J. SielSki Markman, Justice Brian Zahra, and Judge Colleen O’Brien tell MSMS’s Stacy Sellek why. email: [email protected] Publication Office FEATURES Michigan State Medical Society 14 The Effect of Payment Reform on Physician Practices – Part 1 PO Box 950, east lansing, Mi 48826-0950 Contributors: Stacey Hettiger, Joe Neller and Paul Natinsky 517-337-1351 In part one of this three-part series, our contributors describe the trends in physician www.msms.org reimbursement, particularly the shift from fee-for-service to outcomes-based. all communications on articles, news, exchanges In upcoming issues, we’ll examine the role physician organizations and incentive and classified advertising should be sent to the above programs will play in how physicians choose to practice medicine. address, attn: Jessy Sielski. Display Advertising COLUMNS GReTCHeN CHRiSTeNSeN 4 Ask Our Lawyer By Daniel J. Schulte, JD 2779 aero Park Drive, Traverse City, Mi 49686 Why the Supreme Court Race is Important 888-822-3102, Fax: 989-892-3525 6 Opinion By Michael J. Ehlert, MD email: [email protected] The Uncertain Future of Graduate Medical Education Design 7 Professional Liability Update Contributed by The Doctors Company Joseph MCGurn, Village Press, inc. Are Your Prescribing Practices Secure? Printing 18 HIT Corner Village Press, inc., Traverse City, Mi Don’t Get Too Comfortable, Stage 2 Meaningful Use Requirements Have Arrived Postmaster: Address Changes 20 MDCH Update From the Michigan Department of Community Health Michigan Medicine Recommendations for the Management of HBV-Infected Health Care Providers Hannah Dingwell 25 Medical Family Matters By Kathy Adams PO Box 950, east lansing, Mi 48826-0950 Alliance Members Rally for Tort Reform Michigan Medicine, the official magazine of the Michigan 32 President’s Perspective By John G. Bizon, MD Come Election Day, Don’t Forget the Supreme Court State Medical Society, is dedicated to providing useful information to Michigan physicians about actions of the Michigan State Medical Society and contemporary issues, DEPARTMENTS with special emphasis on socio-economics, legislation 22 New MSMS Members and news about medicine in Michigan. 22 Obituaries The Michigan State Medical Society Committee on Publications is the editorial board of Michigan Medicine 23 Disciplinary Actions and advises the editors in the conduct and policy of the 26 MSMS Foundation Conferences magazine, subject to the policies of the MSMS Board 27 The Marketplace of Directors. Neither the editor nor the state medical society will Michigan Supreme Court Building Cover Photo Credit: Jeffness accept responsibility for statements made or opinions expressed by any contributor in any article or feature published in the pages of the journal. The views expressed are those of the writer and not necessarily official positions of the society. Michigan Medicine reserves the right to accept or reject advertising copy. Products and services advertised in Michigan Medicine are neither endorsed nor warranteed by MSMS, with the exception of a few. Michigan Medicine (iSSN 0026-2293) is the official magazine of the Michigan State Medical Society, pub lished under the direction of the Publications Committee. in 2012 it is published in January/February, March/april, May/June, July/august, September/October and November/December. Second class postage paid at east lansing, Michigan and The mission of the Michigan State Medical Society is to promote at additional mailing offices. Yearly subscription rate, $110. a health care environment which supports physicians in caring Single copies, $10. Printed in uSa. for and enhancing the health of Michigan citizens through science, quality, and ethics in the practice of medicine. © 2012 Michigan State Medical Society 2 MICHIGAN MEDICINE September/October 2012 Michigan State Medical Society the Voice of More Than 16,000 Michigan Physicians Officers Directors District 8 President District 1 WaHeeD akBaR, MD, Saginaw JOHN G. BiZON, MD, Battle Creek MohammeD a. ArsiWala, MD, livonia DeBaSish MRidha, MD, Saginaw President-Elect T. Jann Caison-SoreY, MD, Detroit District 9 kenneth elMassiaN, DO, lansing CHeryl Gibson FOuntaiN, MD, Grosse Pointe Park Richard C. Schultz, MD, Traverse City Edward G. JaNkowski, MD, Grosse Pointe Woods District 10 Secretary THeodore B. JoneS, MD, Detroit Carol l. VaN DeR Harst, MD, Bay City MiCHAEL W. SMiTH, MD, Chelsea George H. SHaDe JR., MD, Detroit Treasurer NaRindeR k. SHerma, MD, Detroit District 11 VeNkaT k. RaO, MD, Flint JaMeS H. SondheiMeR, MD, Detroit JaMeS J. RiCe, MD, Muskegon Speaker J. MaRk Tuthill, MD, Bloomfield Hills District 12 Rose M. RaMiReZ, MD, Belmont District 2 CRaiG T. Coccia, MD, Marquette Vice Speaker AmiT Ghose, MD, lansing District 13 Pino D. COlone, MD, West Bloomfield JaMeS e. Richard, DO, lansing JeffreY e. Jacobs, MD, Calumet Immediate Past President District 3 District 14 STeVeN e. NeWMaN, MD, Southfield John J.H. Schwarz, MD, Battle Creek John e. Billi, MD, ann arbor District 4 JaMeS C. MiTCHiNeR, MD, MPH, ann arbor Board Michael D. CHafty, MD, JD, Portage DaViD a. SHaRe, MD, MPH, Ypsilanti of Directors Lynn S. GRaY, MD, MPH, Berrien Springs District 15 Chair District 5 Betty S. CHu, MD, Clarkston JaMeS D. GRant, MD, Royal Oak AniTa R. Avery, MD, Grand Rapids Richard S. FRaNk, MD, MHSa, Flint Scot F. GOldberg, MD, MBa, Warren Vice Chair DaViD M. KrhovskY, MD, Grand Rapids JaMeS D. GRant, MD, Royal Oak DaViD a. SHaRe, MD, MPH, Ypsilanti Todd k. VaNHeest, MD, Zeeland PeGGYaNN NOWAK, MD, West Bloomfield District 6 SRiNiVaS “BOBBY” MUKKAMALA, MD, Flint Young Physician John a. WaTers, MD, Flint Paul D. Bozyk, MD, Canton District 7 Resident BassaM Nasr, MD, MBa, Port Huron Michael J. Ehlert, MD, livonia Student HaRitha G. Reddy, ann arbor Volume 111 • Number 5 MICHIGAN MEDICINE 3 ASK OUR LaWYER Why the Supreme Court Race is Important By Daniel J. Schulte, JD QUESTION: whether the expert who signed an would have denied the defendant’s We were told at our recent Affidavit of Merit meets the statutory appeal and allowed the case to go qualification requirements can be (and forward. Fortunately, there are four county society meeting that frequently are) the subject of litigation. Justices on the Supreme Court who the courts do not always It should, however, be beyond question disagreed and routinely strictly apply enforce tort reforms. How that an Affidavit of Merit must be filed statutes as written (Robert Young, can this be? Shouldn’t courts with the complaint. Stephen Markman, Mary Beth Kelly In Hannah v Merlos it was undisputed and Brian Zahra). These four Justices always follow the law that no Affidavit was filed with the form a majority that is the last line exactly as written? Complaint. This was brought to the of defense for those who favor strict attention of the plaintiff prior to the construction and enforcement of our ANSWER: expiration of the statute of limitations medical malpractice tort reforms. Of It is true that judges do not always applicable to the plaintiff’s claim. the four, two (Stephen Markman and strictly apply the law as worded in a Instead of filing an amended complaint Brian Zahra) are up for reelection in statute. We have seen several examples with an affidavit of merit attached, the November of this year. The Hannah v of this over the years in medical mal- plaintiff insisted that the affidavit of Merlos case is the best and most recent practice cases. Many times, the case merit was filed with the court along example of why the Supreme Court race involves a failure to comply with the with the complaint and that the court is so important. notice of intent, affidavit of merit, misplaced it (which the court clerk Every Michigan physician should expert witness qualification or other denied). The defendant filed a motion support the reelection of Justices requirement and dismissal of the case to dismiss the case. The trial court Markman and Zahra. MM or some other consequence adverse to denied the motion. When the defendant the plaintiff is warranted. In these situ- filed a motion for reconsideration, the ations we have seen judges be reluctant plaintiff, for the first time, produced Daniel J. Schulte, JD, MSMS Legal Counsel, or even refuse to enforce the statutory an affidavit of merit as an exhibit is a member of requirement. This may be due to the to the response to the motion for Kerr, Russell and judge’s feeling that the plaintiff’s lawyer reconsideration. The trial court allowed Weber, PLC. alone is responsible for the failure and is the case to go forward despite the fact therefore unwilling for the plaintiff to that no affidavit of merit was filed with suffer the consequence. A judge’s sym- the complaint. pathy for the plaintiff may also be factor The Court of Appeals affirmed the causing him or her to look the other trial court’s decision to ignore the way or misconstrue a requirement.

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