Medical Malpractice

Legal Services

Medical Malpractice

Kerr Russell’s medical malpractice group has extensive experience defending physicians and other health care providers.

For decades, Kerr Russell has been at the forefront of the defense of physicians and other health care providers in professional liability matters. We understand the nuances of this complex practice area and are adept at navigating all aspects of these cases, including the complicated area of birth trauma claims.

Whether you are a new physician facing the uncertainties of a first claim, or an experienced professional with a sophisticated understanding of malpractice litigation, our professionals will walk with you through the process; keep you informed on the progress of your matter; and provide you with knowledgeable, experienced, solid legal advice to guide you toward resolution. Our lawyers have significant trial experience and are recognized for their excellence in advocacy by peers and professional organizations, such as the American College of Trial Lawyers and the American Board of Trial Advocates.

Kerr Russell also has extensive experience in medical malpractice appellate matters.  We prepare amicus briefings on behalf of the Michigan State Medical Society and handle appeals at the Michigan Court of Appeals, Michigan Supreme Court, and federal appellate level.

Our full-service medical malpractice focus includes:

  • Evaluation and assessment during Notice of Intent period
  • Litigation of contested claims
  • Post-trial and appellate practice
  • Licensure investigations
  • HIPAA and requests for medical records
  • Medical staff matters

We successfully represent a variety of health care professionals including:

  • Physicians
  • Physician Groups
  • Anesthesiologists
  • Orthopedic Surgeons
  • Obstetricians and Gynecologists
  • Pediatricians
  • Radiologists
  • Physician Assistants
  • Certified Registered Nurse Anesthetists
  • Nurse Practitioners
  • Medical Assistants
+Practicing Attorneys & Staff

Attorneys

Catherine Edwards
Catherine Edwards

Member

Patricia C. Schabath
Patricia C. Schabath

Member

Lauri B. Stewart
Lauri B. Stewart

Member

James E. Tamm
James E. Tamm

Member

Daniel G. Beyer
Daniel G. Beyer

Of Counsel

Stephen D. McGraw
Stephen D. McGraw

Of Counsel

Richard V. Stokan
Richard V. Stokan

Of Counsel

Rachel Hanson-Hervey
Rachel Hanson-Hervey

Associate

Paul M. Indyk
Paul M. Indyk

Associate

Kevin A. McQuillan
Kevin A. McQuillan

Associate

+Related Insights

March 29, 2023

Hospitals May Face Increased Liability Under Michigan Supreme Court Decision

The standard by which hospitals may be held liable for the negligence of non-employee emergency room personnel has recently been addressed by the Michigan Supreme Court.  Under the new standard, it will be easier for patients to establish liability against the hospital even if the negligent actors were not employees or agents of the hospital.

December 8, 2020

Medical Malpractice Update

Attorney Luke Brithinee provides an update on nurse practitioners as standard of care experts for Michigan Defense Quarterly.

October 8, 2020

Medical Malpractice Update

Attorney Richard Stokan provides an update on recent developments in Medical Malpractice legislation for Michigan Defense Quarterly.

April 13, 2020

Proposed Changes to Case Evaluation in Michigan

With the many orders by the Governor and Supreme Court focusing on the shut down and civil and criminal procedures associated with COVID-19, what may have been overlooked is the proposed amendment to the case evaluation rule, MCR 2.403.

January 17, 2020

Avoiding a National Practitioner Data Bank Report

Health Care attorney, Daniel Schulte, answers questions relating to the National Practitioner Data Bank (NPDB). The Q&A can be found in the Journal of the Michigan Dental Association (January 2020) – Question: My attorney and I are getting close to settling a malpractice claim. The deductible on my malpractice insurance policy is nearly exhausted from my legal fees. I am being advised to consider avoiding a report to the National Practitioner Data Bank (“NPDB”) by paying the settlement amount myself. How does this make sense? Should I not use my available coverage? Can you explain what the NPDB is and how this affects me?

June 3, 2019

Kerr Russell Attorneys Discuss Client - Expert Suits in Michigan Defense Quarterly

Attorneys Daniel J. Ferris and Derek R. Boyd address the question, "Can my client sue my expert,"  citing how the Michigan Court of Appeals addresses witness immunity doctrine. Michigan Defense Quarterly, the official journal of the Michigan Defense Trial Counsel (Volume 35, No. 4)
+Related News

December 22, 2022

Kerr Russell Obtains No Cause Verdict in Oakland County

Daniel Beyer and Catherine Edwards obtained a no cause of action jury verdict in Oakland County Circuit Court. 

November 14, 2022

Kerr Russell Obtains No Cause of Action Jury Verdict

James Tamm and Paul Indyk obtained a unanimous verdict in Genesee County Circuit Court.

August 18, 2022

Kerr Russell Attorneys Recognized by Best Lawyers in America© 2023 and Best Lawyers: Ones to Watch

Eighteen Kerr Russell members were recently selected by their peers for inclusion in The Best Lawyers in America® 2023. Notably, fourteen of the named attorneys have been listed in The Best Lawyers in America for more than five years.

August 12, 2022

Kerr Russell Attorneys Named 2022 Michigan Super Lawyers and Rising Stars

Eleven Kerr Russell members have been included among the 2022 Michigan Super Lawyers.

June 6, 2022

Kerr Russell Obtains No Cause of Action Jury Verdict

James Tamm and Paul Indyk obtained a unanimous verdict in Oakland County Circuit Court.

September 17, 2021

Kerr Russell Obtains Dismissal of Medical Malpractice Complaint Not Timely Filed

Daniel G. Beyer recently obtained a favorable ruling in Oakland County Circuit Court dismissing a medical malpractice complaint based on the expiration of the statute of limitations.

September 10, 2021

Kerr Russell Successfully Defends Hospital

James E. Tamm and Paul M. Indyk were successful in obtaining a voluntary dismissal for a hospital client in a medical malpractice matter after nearly two years of litigation. 

August 19, 2021

Kerr Russell Attorneys Named to 2022 Best Lawyers® List

Kerr Russell is pleased to announce that 17 lawyers have been included in the 2022 Edition of The Best Lawyers in America.

April 27, 2021

Kerr Russell Successfully Defends Physician

Patricia C. Schabath and Stephen D. McGraw were successful in obtaining summary disposition for a client in a loss of opportunity medical malpractice matter.

November 16, 2020

22 Kerr Russell Attorneys Recognized as DBusiness 2021 Top Lawyers

A total of 22 lawyers from Kerr Russell are named as DBusiness Magazine 2021 Top Lawyers. The attorneys are selected through a peer review process.  DBusiness polled more than 18,000 attorneys across Wayne, Oakland, Macomb, Washtenaw, and Livingston Counties. 

November 9, 2020

Kerr Russell Ranked As U.S. News “Best Law Firm”2021

Kerr Russell is once again ranked as a “Best Law Firm” by U.S. News and Best Lawyers.  Firms included on the list are recognized for professional excellence with consistently impressive ratings from clients and peers.

September 18, 2020

Kerr Russell Attorneys Named 2020 Michigan Super Lawyers and Rising Stars

Super Lawyers named 11 Kerr Russell members to the list of 2020 Michigan Super Lawyers and included four Kerr Russell attorneys on the list of 2020 Michigan Rising Stars.

September 17, 2020

Meet Kerr Russell's Expanded Medical Malpractice Defense Team

Kerr Russell stands ready and able to handle all of your professional liability defense needs.

September 3, 2020

Stephen McGraw (Medical Malpractice Law – Defendants) Named Best Lawyers© 2021 “Lawyer Of The Year” In Detroit

Congratulations to Stephen McGraw who has been named Best Lawyers© 2021 “Lawyer of the Year” In Detroit for Medical Malpractice Law – Defendants. Only a single lawyer in each practice area and community is honored with a “Lawyer of the Year” award.

August 25, 2020

James Tamm (Medical Malpractice Law - Defendants) Named Best Lawyers© 2021 “Lawyer of the Year” In Troy

Congratulations to James Tamm who has been named Best Lawyers© 2021 “Lawyer of the Year” In Troy for Medical Malpractice Law - Defendants. Only a single lawyer in each practice area and community is honored with a “Lawyer of the Year” award.

August 20, 2020

Kerr Russell Attorneys Recognized by Best Lawyers in America© 2021 and Best Lawyers: Ones to Watch

Seventeen Kerr Russell members were recently selected by their peers for inclusion in The Best Lawyers in America® 2021. Notably, twelve of the named attorneys have been listed in The Best Lawyers in America for more than five years.

July 14, 2020

15 Lawyers From Kerr Russell Recognized as Leading Lawyers 2020

A total of 15 lawyers from Kerr Russell are named to the 2020 list of Leading Lawyers in Michigan. Only those lawyers who are most often recommended qualify for this honor.

April 2, 2020

Kerr Russell Bolsters Medical Malpractice Defense and Municipal Practice Groups

Five experienced attorneys have joined Kerr Russell’s Detroit office.

March 17, 2020

Coronavirus/COVID-19 Business Continuity:  A Message to Our Community, Clients and Friends

Kerr Russell is committed to its community, clients and people. As the world navigates through the impact of COVID-19 (coronavirus), we want to assure you that Kerr Russell is committed to supporting our community, clients and people as effectively as we have through every other crisis our Nation has encountered over our firm’s nearly 150-year history. Our firm is fully operational: We have made sure that our lawyers and staff are able to safely and effectively serve our clients’ needs and continue operations on an uninterrupted basis. Most of our people

January 16, 2020

Patricia Schabath, Jeffery May Featured in Crain's Detroit Business

Congratulations to Patricia Schabath and Jeffrey May for being featured in this week’s Crain’s Detroit Business “People on the Move.” Both were named members (partners) of the firm, effective January 1. You can view the Crain’s piece online HERE.

January 6, 2020

Patricia Schabath and Jeffrey May named members at Kerr Russell

Attorneys Jeffrey A. May and Patricia C. Schabath were recently named members (partners) at Kerr Russell. The two were selected at the end of 2019 and their promotions are effective as of January 1, 2020.

November 15, 2019

19 Kerr Russell Attorneys Recognized as DBusiness Top Lawyers for 2020

A total of 19 lawyers from Kerr Russell are named as dBusiness Magazine 2020 Top Lawyers. The attorneys are selected through a peer review process.  dBusiness polled 19,000 attorneys across Wayne, Oakland, Macomb, Washtenaw, and Livingston Counties.

November 4, 2019

Kerr Russell Ranked as U.S. News “Best Law Firm”2020

Kerr Russell is once again ranked as a "Best Law Firm" by U.S. News and Best Lawyers.  Firms included on the list are recognized for professional excellence with consistently impressive ratings from clients and peers.

September 3, 2019

15 Kerr Russell Attorneys Recognized on the 2019 Michigan Super Lawyers List

A total of 15 lawyers from Kerr Russell are named as Thomson Reuters, 2019 Michigan Super Lawyers. The award is given annually to attorneys who have attained a high degree of peer recognition and professional achievement.

August 15, 2019

15 Lawyers From Kerr Russell Are Recognized In The Best Lawyers In America© 2020

A total of 15 lawyers from Kerr Russell are named to the prestigious 2020 Edition of the Best Lawyers in America©. The award is given annually in recognition of being named as part of the “top legal talent in the U.S.”