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Medical Malpractice Defense
Nursing Home Defense
JD, University of Illinois College of Law, summa cum laude, 2015
BA, Calvin College, 2011
State Bar Licenses
Grand Rapids Bar Association
American Bar Association
Michigan Society of Healthcare Risk Management
Calvin Law Professionals of Michigan
Health Law Section of the State Bar of Michigan
State Bar of Michigan
Other Court Admissions
U.S. District Court for the Western District of Michigan
U.S. District Court for the Eastern District of Michigan
March, July 2020: Summary Disposition Granted: Prepared and argued a series of successful summary disposition motions resulting in dismissal of all claims against our clients in a complex birth injury lawsuit. Plaintiff alleged that obstetricians and labor and delivery nurses failed to properly identify signs of fetal distress and delayed in calling a C-section, resulting in a stillbirth. Following the completion of discovery, the defense demonstrated that the hospital was not vicariously liable for a non-employed obstetrician, that Plaintiff’s experts’ testimony did not support claims against the hospital’s employed obstetrician, that the claims against the nurses were procedurally deficient, and that the direct claims against the hospital were completely speculative.
July 2020: Dismissal Obtained. Successfully obtained stipulated dismissal following denial of Plaintiff’s emergency motion for a temporary restraining order and preliminary injunction. Plaintiff alleged he was entitled to immediate injunctive and declaratory relief because he was in hospice care in an assisted living memory care facility but the facility did not allow indoor or non-socially-distanced visitation. The defense established that an emergency TRO and preliminary injunction were not warranted because the facility’s visitation policy was soundly based in Covid-19 guidance from the State of Michigan, CMS, and the CDC.
September 2019, Dismissal Obtained. Successfully obtained dismissal of pro se lawsuit against several defendants, including an emergency physician, a psychiatrist, and a hospital. Plaintiff alleged medical malpractice, violations of mental health patient civil rights, and police misconduct and negligence arising from her involuntary psychiatric treatment provided by the defendants. The defense demonstrated that that Plaintiff failed to follow the procedural requirements for a medical malpractice claim, failed to effect proper service on some defendants, and failed to state a claim on which relief could be granted.
June 2019, Summary Disposition Granted. Drafted and argued successful summary disposition motion resulting in dismissal of all claims. Plaintiff alleged that a platform scale in a hospital PACU hallway was negligently placed, constituted a legal nuisance, and created a dangerous condition on the premises. The defense demonstrated that Plaintiff’s only legally cognizable claim sounded in premises liability and then established that the open and obvious nature of the scale precluded liability.
January 2019, Summary Disposition Granted. Drafted and argued successful summary disposition motion resulting in dismissal of all claims. Plaintiff alleged that an ambulance service and its employees were negligent during their transportation of the patient, resulting in injuries to the patient. The defense relied on immunity granted by the application of the Emergency Medical Services Act and demonstrated that no question of fact existed regarding any viable claim of gross negligence.
October 2018, Successful Appellate Reversal. Drafted summary disposition motion that was denied in the trial court but then drafted appellate briefs that obtained reversal of the trial court’s decision and resulted in dismissal of all claims against the road commission defendant. The case, Schrock v City of Linen et al, unpublished opinion per curiam of the Court of Appeals, issued October 25, 2018 (Docket No. 340759), concerned a jurisdictional dispute and the application of governmental immunity.
August 2018, Summary Disposition Granted. Drafted and argued successful summary disposition motion resulting in dismissal of all claims. Plaintiff alleged a slip and fall premises liability claim concerning a fall on an outdoor sidewalk at a nursing home during the winter. The defense demonstrated that Plaintiff failed to provide evidence of actual or constructive notice of the alleged hazardous condition, such that the claim against the nursing home failed as a matter of law.
April 2018, Summary Judgement Granted. Drafted and argued successfully federal summary judgment motion resulting in dismissal of all claims. Plaintiff sued a police officer, hospital, and various individual medical providers alleging Unconstitutional Search and Seizure, Excessive Force, Interference with a Family Relationship, Assault, Battery, and False Imprisonment. Specifically, Plaintiff claimed that Defendants wrongfully provided care and treatment for suicidal ideation to his minor daughter against his will. The defense argued that the hospital defendants were not state actors, that even if they were they would be protected by qualified immunity, and that the state law claims were baseless. The Court agreed that qualified immunity applied for the federal claims and dismissed the state tort claims.
August 2017, Dismissal Obtained. Successfully obtained dismissal of bizarre pro se federal lawsuit alleging numerous claims against over a dozen defendants, including a hospital and several hospital employees. Plaintiff was a “sovereign citizen” individual who believed most laws did not apply to him and who had allegedly been forcibly removed from a hospital during or after the birth of his son. The defense argued that Plaintiff failed to state of a proper claim, and the Court held that Plaintiff’s pleadings and filings were so disjointed and confused that they failed to properly raise a federal question and must be dismissed for lack of jurisdiction.
April, May, and June 2020, Presentation Series: “Risk Management Lessons from a Challenging Case,” live educational video presentation for medical providers using real facts from closed cases (Kevin Lesperance and David Busscher with joint presenter).
March, May, July and September 2019, Presentation Series: “Why You Could Lose a Medical Malpractice Case,” educational presentation for physicians using real facts from closed cases, (Kevin Lesperance and David Busscher with joint presenter), Prince Conference Center at Calvin College, Grand Rapids, MI, Berrien Springs, MI and Grand Haven, MI
July 2018, Mock Trial Presentation: “Surviving a Lawsuit: Bringing Law and Order to the Litigation Jungle,” Michigan County Road Commission Self-Insurance Pool Annual Meeting (Joint Presenter), Mt. Pleasant, Michigan
2018 Publication: “Qualified Protective Orders Permitting Ex Parte Meetings for Everyone!.” Mich Defense Quarterly, 2018
2017 Publication: “What Time Is It? Mitchell v Kalamazoo Anesthesiology and Medical Record Timestamps in Medical Malpractice Cases,” 34-2 Mich Defense Quarterly, 2017
December 2016, Presentation: EMTALA Educational Seminar, Spectrum Health Pennock (Emergency Department providers), Hastings, Michigan (Kevin Lesperance and David Busscher)