Brian W. Whitelaw

Brian W. Whitelaw

Attorney Profile

Top Rated Medical Malpractice Attorney in Livonia, MI

Foley, Baron, Metzger & Juip, PLLC
 | Cambridge Center, 38777 Six Mile Road, Suite 300
Livonia, MI 48152
Phone: 734-742-1800
Fax: 734-521-2379
Selected to Super Lawyers: 2007 - 2019
Licensed Since: 1981
Practice Areas:
  • Personal Injury - Medical Malpractice: Defense (90%),
  • Business/Corporate (10%)
Attorney Profile

Brian's concentration is on the defense of medical malpractice cases. He also represents physicians and other providers in state licensing and disciplinary actions, hospital privileges disputes and in employment contract review and negotiation.  He is the author of several articles on medical-legal issues, including the Tort Reform Act and Alternative Dispute Resolution, published in the Michigan Bar Journal and Medscape. Brian is a frequent speaker to healthcare practitioners on topics related to medical malpractice litigation. Presentations are provided without charge to medical groups in Michigan. Featured speaker on Medical Malpractice Tort Reform at Annual Meeting of the Michigan State Bar in Grand Rapids in 1994. Brian was interviewed by SKY RADIO on February 3, 2004.

About Brian Whitelaw

Admitted: 1981, Michigan

Professional Webpage: https://fbmjlaw.com/expertise/people/posts/whitelaw-brian-w/

Honors/Awards:

  • Elected to the American Board of Trial Advocates

Special Licenses/Certifications:

  • Divemaster Certification, Professional Association of Diving Instructors

Bar/Professional Activity:

  • Michigan Bar Association, Grand Rapids Bar Association, Michigan Health Care Institute, Michigan Defense Trial Counsel, Association of Defense Trial Counsel, Michigan Society of Hospital Attorneys, Defense Research Institute of America, State Bar of Michigan - Medical Liability Committee

Scholarly Lectures/Writings:

  • Legal Implications of Medical Record Documentation", St. John Hospital in Detroit, Michigan, 1984; "Anatomy of a Medical Malpractice Lawsuit", St. John Hospital in Detroit, Michigan, 1984; "Medical Malpractice Issues for the Home Care Provider", Visiting Nurses Association in Southfield, Michigan, 1984; "Diagnosing the Plaintiff; How to Lessen the Likelihood of Medical Malpractice Litigation", St. John Hospital in Detroit, Michigan, 1985; "Preparing for the Discovery Deposition", Wayne State University, Department of Physical Medicine and Rehabilitation in Detroit, Michigan, 1985; "Medical-Legal Issues for Nursing", Madison Community Hospital in Madison Heights, Michigan, 1987; "Medical Malpractice Litigation; The Crisis and Tort Reform", Mercy College Hospital Administration master's level class in Hospital Policy and Regulation in Detroit, Michigan, 1987; "Living Wills and the Right to Die - A Patient's Right to Self Determination", North Detroit General Hospital in Detroit, Michigan, 1988; "Minimizing Legal Exposure in Nursing Home Liability Cases", Southfield, Michigan, 1988; "Minimizing Legal Exposure in Nursing Home Liability Cases", Grand Rapids, Michigan, 1988; "Legal Considerations in the Interview Process; Legal Responsibilities Regarding Retention of Staff, and Legal Implications of Medical Record Documentation", Annual Management Meeting of Community Centre Group - An Eight facility health care organization in Grand Haven, Michigan, 1988; "Legal Aspects of Respiratory Care Practitioners' Medical Record Documentation", Michigan Society for Respiratory Care at the Annual Northern Michigan Seminar in Traverse City, Michigan, 1989; "Litigation: The Hard Facts", MAOPS 91st Annual Post-Graduate Conference and Scientific Seminar, 1990; "Medical Records Documentation", Hayes Green Beach Hospital in Charlotte, 1990; "Anatomy of a Medical Malpractice Suit; Tort Reform in Michigan"; Medical Records Documentation, at Blodgett Memorial Medical Center in Grand Rapids, Michigan, 1991; "Advanced Directives: Develop a Plan to Minimize Liability", Michigan Association of Osteopathic Physicians and Surgeons at the MAOPS 93rd Annual Post-Graduate Conference and Scientific Seminar, 1992; "Anatomy of a Medical Malpractice Suit; Tort Reform - 1993; ", MSU-KCMS, Borgess Medical Center in Kalamazoo, Michigan, 1993; "Tort Reform - On the Horizon - Panel Discussion", 58th Annual Meeting of the State Bar of Michigan in Grand Rapids, Michigan, 1993; "Anatomy of a Medical Malpractice Suit; Tort Reform - 1993"; Medical Records Anatomy of a Medical Malpractice Suit; Tort Reform - 1993; Medical Records Documentation", St. Mary's Hospital in Grand Rapids, Michigan, 1993; "Medical Records Documentation", Borgess Medical Center in Kalamazoo Michigan, 1993; "Medical Records Documentation", Reed City Hospital, Reed City, Michigan, 1994; "Anatomy of a Medical Malpractice Suit; Tort Reform - 1994", MSU-KCMS, Bronson Methodist Hospital's Gilmore Educational Center in Kalamazoo, Michigan, 1994; "Strategies for Successfully Negotiating Medical Malpractice Claims", Physicians Insurance Company of Michigan (PICOM), Okemos, Michigan, 1994; "Medical Records Documentation", St. Mary's Hospital in Grand Rapids, Michigan, 1994; "Medical Records Documentation", MSU-KCMS, Borgess Medical Center's Lawrence Educational Center in Kalamazoo, Michigan, 1994; "Medical Litigation in Michigan: Emerging Concepts for the 1990s", Methodist Hospital's Gilmore Educational Center in Kalamazoo, Michigan, 1995; "Charting Issues for Anesthesiology", CRNA's at St. Mary's Hospital in Grand Rapids, Michigan, 1995"Anatomy of a Medical Malpractice Suit", Blodgett Memorial Medical Center in Grand Rapids, Michigan, 1995; "Charting Issues for Orthopedics; Tort Reform - 1995", Blodgett Memorial Medical Center,Grand Rapids, Michigan, 1995; "Risk Management Issues For Family Practitioners", St. Mary's Hospital in Grand Rapids, Michigan, 1995; "Minimizing Legal Exposure in Medical Office Practice", Mecosta County Memorial Hospital in Big Rapids, Michigan, 1997; "Defending the Dental Malpractice Case", Kalamazoo Area Dentists Plainwell, Michigan, 1997; "Anatomy of a Medical Malpractice Suit and participation in mock trial", presented to Michigan Association of Nurse Anesthetists, at Annual Meeting in Traverse City, Michigan, 1997; "Medical-Legal Issues for Physician's Assistants", Grand Valley State University Physician's Assistant students in Grand Rapids, Michigan, 1997; "Risk Management Overview for Dentists: Informed Consent, Tort Reform and Risk Management Issues from a Litigator's Perspective", The Medical Protective Company in Grand Rapids,MI, 1998; "Medical Malpractice Tort Reform in Michigan 15 Years Later", Rotary Club of Grand Rapids East, in Grand Rapids, MI, 1998; "Medical-Legal Issues for Physician's Assistants", University Physician's Assistant students at Grand Valley State University in Grand Rapids, Michigan, 1998; "Liability Loss Exposures and Insurance Coverage: Distinguishing Claims", 21st Annual MSHRM Conference in Traverse City, MI, 2000; "Medical Malpractice Litigation in Michigan-Emerging Issues in the New Millennium", Metropolitan Hospital in Grand Rapids, Michigan, 2001"Anatomy of a Medical Malpractice Suit", Forum in Kalamazoo, Michigan, 2003; "Anatomy of a Medical Malpractice Suit, Tort Reform Legislation and Medical Record Documentation", Metropolitan Hospital emergency physicians and practice managers at a forum in Grand Rapids, Michigan, 2003; "Medical Malpractice Litigation", presented at the Fifth Annual Emergency Medicine Risk Management Symposium, MSU/Kalamazoo Center for Medical Studies in Kalamazoo, Michigan, 2004; "Let's Talk: Communicating the Good, the Bad, and the Apology", presented as part of a Risk Management Seminar by ProAssurance for ER physicians in Grand Rapids, Michigan, June, 2005 and for physicians of all specialties in Traverse City, Michigan, July, 2005; "Improving Communication Skills to Reduce Malpractice Risk", presented to neurosurgeons in Kalamazoo, Michigan, July, 2005; "Legal Aspects of Conscious/Procedural Sedation", presented at the Sixth Annual Emergency Medicine Risk Management Symposium for MSU/Kalamazoo Center for Medical Studies in Kalamazoo, Michigan, October, 2005; "Smooth Sailing: Navigating the Rough Waters of Modern Day Practice", presented as part of a Risk Management Seminar by ProAssurance for physicians in Kalamazoo, Michigan, August, 2006; "Smooth Sailing: Navigating the Rough Waters of Modern Day Practice", presented as part of a Risk Management Seminar by ProAssurance for physicians in Grand Rapids, Michigan, September, 2006; "Smooth Sailing: Navigating the Rough Waters of Modern Day Practice", presented as part of a Risk Management Seminar by ProAssurance for physicians in Kalamazoo, Michigan, November, 2006; "Medical-Legal Issues for Physicians' Assistants", presented to 2nd year PA students at Grand Valley State University in Grand Rapids, Michigan, December, 2006; "And You Think You've Had a Bad Day: Challenging Problems & Difficult Defenses", presented to Emergency Medicine Physicians in Grand Rapids, Michigan, May, 2007; "And You Think You've Had a Bad Day: Challenging Problems & Difficult Defenses", presented to physicians at three ProAssurance seminars in Kalamazoo and Grand Rapids Michigan, September, October and November, 2007"; A Tiger in Your Corner Understanding Medical Liability and Malpractice Protection", participant in panel discussion for the Medical Group Management Association's annual Fall Conference, with panel representatives from ProAssurance, American Physicians Assurance Corporation, MHA, “From the Exam Room to the Courtroom”, presented to physicians at three ProAssurance Seminars in Kalamazoo, Marquette and Grand Rapids, Michigan, August and October, 2008; “Anatomy of a Medical Malpractice Suit, Tort Reform Legislation and Medical Record Documentation”, presented to Kalamazoo Emergency Associates’ emergency physicians and practice managers at a forum in Kalamazoo, Michigan, October, 2008; “Medical Malpractice Litigation”, presented to Grand Valley State University Physician’s Assistant students in Grand Rapids, Michigan, October, 2008; “Medical Malpractice 2008 – Trends Effecting Careers in Medical Malpractice Litigation”, presented to Law Students and Medical Students at a seminar for The Medical-Legal Society at Michigan State University College of Law in East Lansing, Michigan, November, 2008; “Medical-Legal Issues for Paramedics and Emergency Medicine Nurses”, presented to paramedics and emergency medicine nurses at the West Michigan Air Care Fall Conference in Kalamazoo, Michigan, October, 2009; “Emerging Trends – Loss Prevention For Today & The Future”, presented to 25 attending ER and resident physicians at Metropolitan Hospital in Grand Rapids, Michigan, October, 2009; “Medical Malpractice Litigation”, presented to Grand Valley State University Physician’s Assistant students in Grand Rapids, Michigan, November, 2009; “What’s on the Horizon for Michigan Medical Malpractice?”, participant/panel member in symposium for the Michigan State University College of Law, Journal of Medicine & Law, East Lansing, Michigan, February, 2010; “Judicial Politics:  How the Fall Elections will Determine the Fate of Tort Reform in Michigan”, presented to Medical Group Management Association in Kalamazoo, Michigan, September, 2010; “Professional Liability and Defensive Medicine”, participant in panel discussion at conference entitled “Sustaining the Business of Health Care in America”, Kalamazoo, Michigan, September, 2010; “Michigan Ambulatory Surgery Association 2010 Education Day”, conducted mock deposition for professional clinical staff, Mt. Pleasant, Michigan, October, 2010; “2010 Medical Malpractice Update and the Fate of Tort Reform”, presented to medical office practice managers and physicians, Grand Rapids, MI, October, 2010;  “Anatomy of a Medical Malpractice Suit and Medical Record Documentation”, presented to physicians and other providers at Grand Rapids Ophthalmology, Grand Rapids, Michigan, May, 2011;  “Navigating Risks of Organized Systems of Care – An Uncharted Environment”, Panelist in presentation to physicians and allied health professionals, Grand Rapids, Michigan, October, 2011;  “Turning Points: Tough Decisions in Loss Prevention”, with Mark Hakim of ProAssurance, presented to emergency medicine attending physicians and residents at Metro Health Hospital, Grand Rapids, Michigan, October, 2011;  “The EHR Program – Your Best Friend or Worst Enemy in the Defense of Your Malpractice Case”, presented to physicians and practice managers, Traverse City, Michigan, May, 2012;  “Deposition Tactics and Strategy”, with Mark Hakim of ProAssurance, presented to emergency medicine residents and faculty, Western Michigan University School of Medicine, Kalamazoo, MI, February, 2013;  “Defending the Reptile Deposition”, presented to emergency medicine physicians at Regional Advisory Board Meeting for ProAssurance, Kalamazoo, MI, December, 2013; “In Defense of Good Medicine”, with Mark Hakim of ProAssurance, presented to emergency medicine attending and resident physicians, Metro Health Hospital, Wyoming, MI, December, 2013; “Medical Negligence - A Real World Perspective”, presented to Cooley Law School medical malpractice class, Cooley Law School, Grand Rapids Campus, Grand Rapids, MI, October, 2014; "Physician Licensing Claims in Michigan", presented to a group of emergency medicine physicians and insurance representatives, Kalamazoo, Michigan, December, 2014.
  • Author, “The ‘Tort  Reform’ Act - A Step in the Right Direction? Yes!”, Michigan Bar Journal,  March, 1987;   Author, “Health Care Arbitration in Michigan - An Effective Method of Alternative Dispute Resolution”, Michigan Bar Journal, November, 1993; reprinted in The Legal Advertiser, December 16, 1993; also available on Westlaw database “Journals & Law Reviews”;   Author, “Your Malpractice Risk When Your Hospitalized Patient Has a ‘Never Event’”, Medscape from WebMD, Business of Medicine, February, 2010;   Symposium Transcript:  “What’s On the Horizon for Michigan Medical Malpractice?”,  Michigan State University College of Law, Volume XIV, Issue II, p. 477, Spring, 2010;  Author, “Professional Liability and Defensive Medicine”, Health Care Crisis and Hope, p. 96, 2010;  Author, “Think Twice Before Saying ‘I’m Sorry’”, MD News and MDNews.com, May, 2011;   Author, "You’ve Been Sued: The Relationship Between Physician, Defense Counsel, and Insurance Carrier – A Three Part Series", Physician Litigation Resource Center blog, December, 2014; Author, “What if Your Patient Overdoses on Prescription Drugs?”, Medscape from WebMD, Business of Medicine, September, 2015;  Author, “Hidden Time Bombs in your Noncompete Clause”, Medscape from WebMD, Business of Medicine, January, 2016.
  • As a guest lecturer, Mr. Whitelaw addressed “Medical Negligence - A Real World Perspective”, to a Cooley Law School medical malpractice class, at Cooley Law School, Grand Rapids Campus, in October, 2014.  The primary focus was on the candidates for the pending Michigan Supreme Court election.
  • "Physician Licensing Claims in Michigan", presented to a group of Emergency Medicine Physicians in Kalamazoo, Michigan, December, 2014.

Industry Groups

  • Medical
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Office Location for Brian W. Whitelaw

Cambridge Center
38777 Six Mile Road, Suite 300
Livonia, MI 48152

Brian W. Whitelaw:

Last Updated: 9/12/2019

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