08/28/2026
Earlier this week, FBMJ attorneys Brian Whitelaw and Sarah Cherry presented to Emergency Medicine attending physicians and residents at University of Michigan Health-West.
Their presentation explored a range of medical-legal issues affecting emergency medicine providers, including:
• The anatomy of a medical malpractice lawsuit
• Current trends contributing to nuclear verdicts
• Economic and social inflation
• Reptile theory and evolving legal strategies
• Documentation practices that help protect physicians
• Managing difficult patients and challenging clinical scenarios
• Reporting suspected abuse involving children and vulnerable adults
Using examples from actual cases and trials, Brian and Sarah demonstrated an important reality: even excellent medical care and thoughtful documentation may not prevent a physician from being named in a medical malpractice lawsuit.
They also discussed emerging concerns for healthcare providers, including the national attention surrounding the Lindsay Clancy trial and the intense scrutiny placed on her providers’ medical records.
Emergency medicine physicians are among the healthcare professionals most frequently named in medical malpractice claims. Brian and Sarah defend numerous emergency medicine cases each year and have secured dismissals and defense verdicts on behalf of their clients.
Thank you to the physicians and residents at University of Michigan Health-West for the thoughtful discussion and engagement.
To learn more about defending emergency medicine malpractice claims—or to arrange a similar presentation for your emergency medicine group—please contact Brian Whitelaw or Sarah Cherry.