Richard A. Joslin
Over the past 23 years, Rick has focused his practice on the defense of professionals in the healthcare, legal and insurance fields. Rick has represented healthcare practitioners in fields as diverse as neurosurgery, internal medicine, dentistry, family practice, emergency medicine, podiatry, and chiropractic medicine as well as nursing and physical therapy. His representation of attorneys has encompassed practices in areas such as estate planning, workers compensation and personal injury. In addition to his representation of professionals, Rick also maintains an active general liability defense practice, including claims arising out of serious auto and trucking accidents, complex premises liability matters and product liability. He has successfully tried many medical and legal malpractice, auto negligence, no-fault, premises liability, and mold cases utilizing the latest electronic media. Rick has also successfully represented Tier One and Tier Two automobile parts suppliers in a variety of cases including actions for breach of contract, claim and delivery, conversion and action on account stated in state and federal courts throughout Michigan.
Member, Association of Defense Trial Counsel
Member, Oakland County Bar Association
Member, Defense Research Institute, serving on the Medical Liability Committee
Board of Advisors, Crittenden Research
Member, Claims and Litigation Management Alliance, serving on the Medical-Legal Committee
Cornelius v Emergency Doctor – Successfully defended an emergency room physician accused of negligently failing to treat an acute stroke patient. After a two-week trial, the jury returned a verdict of no cause for action.
Malerbi v Internist – Successful defense of an internist accused of failing to timely diagnose and treat patient’s heart condition. After a two week trial, the jury returned a verdict of no negligence.
Collier v Podiatrist – Successfully defended the claim that the podiatrist negligently failed to diagnose and treat the patient’s broken foot resulting in Reflex Sympathetic Dystrophy. After a three and a half week trial, the jury returned a verdict of no negligence.
Anderson v Attorney – Successfully defended a Workers Compensation attorney accused of negligently failing to preserve his client’s claim for first-party no-fault benefits. After a week-long trial, the jury returned a verdict of no negligence.
Yang v Urgent Care Center – Won motion for summary disposition in favor of client, an urgent care facility, in this medical malpractice case. The plaintiff’s husband was seen at the urgent care center and as part of the work-up there, received an x-ray. The x-ray was interpreted by an independent contractor radiologist. After plaintiff’s husband died, she sued alleging that a number of physicians and entities were negligent in failing to property diagnose her husband. The court dismissed the action as to the urgent care center, holding that the radiologist was neither the actual nor ostensible agent of the urgent care center.
Sheeran v Insurance Agency – Plaintiff landlord sued her insurance agent claiming that the agent should have sold her an “All-Perils” policy rather than a “Named Perils” policy and that the agency had negligently misrepresented to her that the cost of cleaning up the remains of a deceased tenant would be covered under her policy. After a three-day jury trial, the jury returned a verdict of no-cause for action finding that the agency was not negligent.
Juon v Home Health Agency – Obtained motion for summary disposition in favor of client, a home health care agency in this case alleging liability for a sexual assault committed by the agency’s former employee. Plaintiff had engaged the agency to provide nurses to care for plaintiff’s disabled son. One evening, after the nurse’s shift had ended and she had left for the day, the nurse returned and assaulted plaintiff. The nurse was later convicted of assault and the plaintiff sued the agency on a number of theories. The court dismissed the action on all theories.
Reese v Attorney – Plaintiff’s decedent was involved in an automobile accident and retained the defendant law firm to represent her. Because the decedent did not have a primary care physician, the firm provided her with the name of a clinic that would evaluate and treat her. After several weeks of treatment, plaintiff reported that she was no better and as such the firm provided her with the name of a pain management physician. During an epidural injection performed by the pain management doctor, the decedent’s spinal cord was injured which lead to paralysis and her death a few weeks after the injection. In addition to suing the doctor for medical malpractice (the malpractice case was settled) plaintiff sued the law firm and others claiming that the law firm participated in a conspiracy to send accident clients to these specific providers for unnecessary treatment. After lengthy discovery involving over twenty depositions, the trial court granted the law firm summary disposition finding that there was no evidence of a conspiracy or any other actionable malpractice.
DeVine v School District – Plaintiff filed suit against the School District alleging that the district was liable for the actions of one of its teachers whom had engaged in a consensual sexual relationship with the plaintiff. The trial court granted the School District’s motion for summary disposition on the basis of governmental immunity and dismissed the suit in its entirety.
PUBLICATIONS & SPEAKING ENGAGEMENTS
Present regularly on “Liability Issues in the Trucking Industry” to participants in the Wayne State University/Automotive Industry Action Group’s Supply Chain Management Certification Program
Selecting an Expert, Claims Magazine (August 2014)
Issues for MPL Writers (Interview), Best’s Review (September 2012)
Keeping Track of Malpractice, Michigan Medical Law Report (Summer 2012)
In Supervising Other Health Care Providers, The Duties and Liabilities are Many, Michigan Medical Law Report (Fall 2011)
You Are Your Brother’s Keeper, Medical Office Today (April 6, 2011)
Rick is a high school basketball referee and coaches a high school girls varsity fall league basketball team.