Patricia C. Schabath concentrates her practice in the defense of physicians and facilities in medical malpractice claims.
Trish has over 25 years of experience representing hospitals, physicians, and healthcare professionals in medical malpractice litigation. Clients appreciate her subject-matter knowledge, her attention to detail, and her availability to counsel them through the stress of litigation. Her experience allows her to manage a number of cases in a complex practice area while providing hands-on, day-to-day advice and consultation to clients. She also represents physicians in defense of licensing investigations and formal licensing actions. Trish’s background also includes general civil litigation and defense of personal injury, general negligence, and legal malpractice matters.
Early in her career, Trish had the opportunity to participate in the defense of two physicians in multi-state litigation that included a four-month out-of-state trial of one matter and a two-month out-of-state trial in a second matter which together totaled over 225 days in trial. Her responsibilities during discovery in those cases included dozens of fact witness depositions, cross-examination of adverse expert witnesses, preparation and presentation of defense expert witnesses for deposition, and extensive motion practice. Her trial responsibilities involved drafting and argument of limine motions, cross-examination of multiple fact and expert witnesses, and the presentation of several defense experts.
Trish has also benefited from her experience as in-house counsel to a large academic medical center where she was involved in ground-level investigations of adverse events as part of a root cause analysis committee. In this capacity she also developed experience in release of patient information, HIPAA privacy and security, peer review, quality assessment, and risk management. Trish also led two specialty task forces charged with investigating claims in Obstetrics and Radiology designed to improve outcomes and reduce claims and authored the reports to executive and hospital leadership detailing the findings and recommendations of the task forces. In combination with other professionals, her efforts led to a 27% reduction for the organization in liability and indemnity payments that was recognized by local media. In that endeavor, Trish benefited from her communication skills in bringing together various stakeholders throughout a large and complex organization and directing everyone to a common goal.
Building on that extensive and valuable experience, since joining Kerr Russell Trish has consistently achieved successful outcomes for physician clients in diverse specialties such as internal medicine, radiology, anesthesiology, nephrology, obstetrics, and others. An accomplished writer and litigator, her successes have included securing summary disposition prior to trial as well as several no cause defense verdicts at trial. She has also participated in appeals and evidentiary hearings stemming from her medical malpractice matters.
Trish has held a number of leadership positions within the State Bar of Michigan Health Care Law Section. She served two three-year terms on the Health Care Law Section’s governing council and served as the Chair of the Pro Bono committee for the council. Before serving on the council, she had also been Chair of the Medical-Legal section of the Substantive Law Committee, where her responsibilities included developing educational programs and speakers on current topics in health care law.
- State Bar of Michigan
- Health Care Law Section
- Litigation Section
- Detroit Bar Association
- Medical Malpractice Defense Section, Co-Chair
Bar and Court Admissions
- Wayne State University Law School, J.D.
- Moot Court, Brief Writing Award
- Western Michigan University, BA
- Organizational Communication
Insights & News
April 27, 2021
September 17, 2020
March 17, 2020
January 16, 2020
January 6, 2020
January 26, 2018
December 18, 2017
Kerr Russell team makes holiday donations to Capuchin Soup Kitchen, Wigs 4 Kids, Ronald McDonald House Charities of Ann Arbor, and Children's Hospital of Michigan
November 30, 2017
November 16, 2017
November 3, 2017
November 1, 2017
Kerr Russell ranked in the 2018 U.S. News - Best Lawyers® "Best Law Firms" list nationally in 1 practice area and regionally in 17 practice areas
August 10, 2017
Solo trial of defense of psychiatrist in medical malpractice claim involving involuntary commitment statute resulting in defense verdict after 20 minutes of jury deliberations
Involved in the defense of an Internal Medicine physician in claim from patient’s family alleging failure to perform an autopsy resulting in no cause verdict at trial
Secured summary disposition based upon lack of causation in case against radiologist alleging failure to timely communicate findings to ordering physician
Involved in the defense of a Family Medicine physician in wrongful death litigation alleging failure to diagnose and manage gastrointestinal bleed during hospitalization resulting in no cause verdict at trial
Secured summary disposition based on lack of causation in a claim against CRNA for oral injury allegedly resulting from administration of anesthesia during surgery – trial court’s grant of summary disposition upheld on appeal
Involved in the defense of an Internal Medicine physician in wrongful death litigation alleging failure to recognize and treat hypertensive emergency leading to stroke resulting in no cause verdict at trial
Involved in the defense of a Family Medicine physician in claim alleging failure to diagnose and treat meningitis leading to severe debilitation in the patient, resulting in no cause verdict at trial
Secured numerous voluntary dismissals of physicians with no payment where other Defendants settled claims