David M. Ottenwess

Biography

David practices primarily in the area of civil litigation; specifically professional liability and medical malpractice claims, general health care law defense, executive employment matters, and commercial and employment contracts. For over 35 years, he has successfully litigated cases in Federal District Court as well as in Wayne, Oakland, Macomb, Monroe, Montcalm, Saginaw, Genesee and Washtenaw County Circuit Courts. In 2011, David was appointed by a Federal judge to serve as a Special Master in the decades long litigation involving the United States Environmental Protection Agency and the Detroit Water and Sewerage Department litigation.

Bar Admissions

Michigan, 1986
U.S. Supreme Court, 1989
U.S. Court of Appeals 6th Circuit, 1988
U.S. District Court Eastern District of Michigan, 1986
U.S. District Court Western District of Michigan, 1999

Education

Michigan State University, Detroit College of Law, East Lansing, Michigan
- Juris Doctor - 01/1986
- Honors: Member of School’s National Moot Court Team (1984)
- Honors: Eve August Award (1984)
- Honors: Executive Director of the Moot Court Program (1985)
- Honors: Co-Director of the American Bar Association Oral Advocacy Program (1984)
University of South Florida, Tampa, Florida
- Bachelor of Arts - 1982
- Major: Political Science

Litigation Experience:

Handled over 600 matters in civil litigation, including personal injury, employment, contracts, health law, constitutional and election law
Defended hospitals and physicians in medical practice cases before juries in Wayne, Oakland, Macomb, Monroe, Montcalm and Washtenaw Court Circuit Courts
Defended corporations and individuals before juries in federal court (United States District Court, Eastern District)
Defended physicians in licensing matters
Defended multi-state corporations in sexual harassment, sex and race discrimination cases in state and federal matters
Represented corporations and individuals in arbitration and evidentiary hearings
Litigated breach of employment contracts on behalf of health care providers and physicians

Transaction and Dispute Resolution Experience:

Appointed as Special Master to United States District Court (Eastern District, Michigan) to facilitate the development of compliance programs on matters involving the Detroit Water and Sewerage Department (DWSD) pursuant to federal court litigation involving the DWSD and a consortium of several municipalities in Southeast Michigan (February, 2011 – April, 2013)
Case Evaluator Panelist in civil litigation cases in Wayne and Washtenaw Counties
Mediator in contract disputes
Arbitrator in civil personal injury matters
Works closely with hospital administrators and risk managers on peer review questions and sentinel events
Advises hospitals and risk managers regarding health law and professional liability questions in an effort to reduce and eliminate potential litigation and other risks
Review and draft employment contracts
Frequent speaker on Legal and Professional Liability matters

Professional Honors and Awards

Named Michigan Super Lawyers® for Medical Malpractice Defense in years
Top Michigan Business Lawyer
Named to 2023 Edition of The Best Lawyers in America
AV® Martindale-Hubbell Peer Review Rating, 25 years
AV® Martindale-Hubbell Peer Review Rating - Judicial Edition
Michigan Go To Lawyer in Medical Malpractice 2021
Michigan Leading Lawyer in Professional Malpractice Defense and Commercial Litigation
Michigan Leading Lawyer Top 100 Business Lawyers

Professional Associations and Memberships

American Board of Trial Advocates
State Bar of Michigan (Negligence Section)
American Bar Association
Michigan Defense Trial Counsel
Defense Research Institute
Oakland County Bar Association

COMMUNITY INVOLVEMENT

Ann Arbor Rec & Ed, Catholic Youth Organization, Boys Basketball Coach (2014-2017)
Catholic Youth Organization, Boys Basketball Coach (2018-2021)

PUBLISHED WORKS

Business as Usual with the Latest SGR Temporary Fix... But This One Includes a Stunning ICD-10 Delay, by David M. Ottenwess, Esq. and Stephanie P. Ottenwess, Esq., April, 2014
Bailey's Head & Neck Surgery Otolaryngology, 5th edition: Business Law and the Practice of Otolaryngology, by Robert S. Iwrey, Esq., Stephanie P. Ottenwess, Esq., Jessica Gustafson, Esq., Kathryn Hickner-Cruz, Esq., David M. Ottenwess, Esq., and Reginald Baugh, Esq., December, 2013
Medical Malpractice Tort Reform; Bad Medicine or the Cure for What Ails You? David M. Ottenwess, Esq., Stephanie P. Ottenwess, Esq., Meagan A. Lamberti, Esq., and Adrienne D. Dresevic, Esq., Radiology Management, Vol. 33, No 2, March/April 2011
Voodoo Economics? Loss of Parental Training and Guidance: The New Battleground in Medical Malpractice Damages, David M. Ottenwess, Esq., Stephanie P. Ottenwess, Esq., and Melissa E. Graves, Esq., Michigan Defense Quarterly, Vol. 27, No. 1, July, 2010
Will Constitutional Changes Pop the Lid? David M. Ottenwess, Esq., and Daniel J. Dulworth, Esq., Michigan HealthCARE Business, February, 1998

Presentations

Michigan Defense Trial Counsel – Reptile Theory and Its Impact on Standard of Care, Annual Meeting, June 20-21, 2019
Oakwood Symposium Presentation: How Communication Breakdown Can Lead to Medical Care Letdown, November 2014
AHRA 39th Annual Meeting and Exposition, Dallas Texas - Medical Malpractice Liability: What You Don’t Know May Hurt You, August 16, 2011
Michigan Defense Trial Counsel - Defending Damages in 2010, Winter Meeting, November 5, 2010
Michigan Society of Healthcare Risk Management - Changing Legal Landscape in Healthcare, Michigan Supreme Court Update, October 5, 2010
Radiology Staff, Harper, Children’s and Detroit Receiving Hospitals - Professional Exposure in Radiology Cases in Michigan, March 14, 2007
Radiology Staff, Huron Valley-Sinai Hospital - Professional Exposure in Radiology Cases in Michigan, March 6, 2007
Radiology Staff, Sinai-Grace Hospital - Professional Exposure in Radiology Cases in Michigan, February 27, 2007
Medical Staff, POH Medical Center - Office Practice Issues - OIG and the Physician Practice, April 29, 2006
Medical Staff, POH Medical Center - How the NPDB Impacts Your Practice, April 25, 2004
Medical Staff, POH Medical Center – What is Informed Consent? June 16, 2003
Department of Surgery, Garden City Hospital - What is Informed Consent? June 3, 2003
The 14th Annual GE Mammography Symposium, Dearborn Inn, Dearborn, Michigan – Today’s Legal Issues in Mammography, March 22, 2003
Medical Staff and Managers, Garden City Hospital - What is Informed Consent? March 13, 2003
Radiology Technologists, Huron Valley-Sinai Hospital – Legal Issues and Appropriate Documentation, 2000, 2001 and 2002
Physician Members, Troy Internal Medicine, PC – Professional Liability Insurance Options in Michigan, June, 2002
Radiology Staff of all DMC Hospitals – State of the Law in Michigan under Tort Reform – An Overview, January, 2001
Medical Staff, POH Medical Center – How to Act and React When Deposed in a Medical Malpractice Matter, October, 1999
Radiology Staff, Bon Secours Hospital – Pitfalls in Dictation, March, 1996

Past Positions

Schureman, Frakes, Glass & Wulfmeier, PLC, Detroit, Michigan, Partner/Attorney, 1986 - 1997
Ottenwess Law, PLC, Founding Partner, 1997 to 2023

Other Legal Experience Of Interest

Successfully represented Michigan Athletic Trainers Society, Inc., in obtaining a favorable official interpretation of the PT Administrative Rules from the Michigan Department of Community Health and the Michigan Attorney General’s office
Successfully represented a Michigan hospital and its CEO in a labor/RICO matter involving complex issues of labor law, including Section 302 allegations and claims of RICO Act Violations, in federal court through to the United States Supreme Court which ultimately vacated an unfavorable decision against the hospital by the Sixth Circuit Court of Appeals
Successfully secured a defense verdict before a jury on behalf of a hospital and its CEO in a Polygraph Protection Act case
Successfully litigated a First Amendment case (prior restraint) resulting in the successful dismissal of a TRO and lawsuit against client
Successfully defended to a jury verdict a patent infringement case between two musical groups and a record company
Successfully litigated election law matters in State Court including defending Wayne County’s Super Majority Tax legislation and the successful return of the names of two candidates to election ballots after wrongfully being removed or challenged