Safety nets come with great expense.
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Taking the cap off: Med-mal damages cap facing challenges
A possible misdiagnose that led to a patient's losing her limbs may prove to be the case that blows the cap off medical-malpractice lawsuits in Wisconsin.
Read More »Judge’s decision in medical malpractice case a rarity
In the eight years since the state enacted a cap on the amount of damages a plaintiff can collect in a medical malpractice case, a Milwaukee judge's decision to award an amputee $15.75 million more than the damages cap is the exception to the rule, the woman's attorney said Monday.
Read More »Senate passes bill exempting medical apologies
Doctors and other health care providers could apologize to patients without worrying about whether the statements could be used against them in court under a bill that has passed the Wisconsin Senate.
Read More »‘I’m sorry’ bill gets Assembly approval (UPDATE)
The state Assembly approved on a voice vote Tuesday on a bill that would let doctors and other medical providers apologize or express fault for botched medical procedures without having to worry their words would be used against them in court.
Read More »Managing the malpractice debate
When you run a practice, cutting costs often is a must. Bargain prices on everything from office supplies to office space can make or break your business.
Informed consent bill passes Senate
The state Senate passed a bill Tuesday governing what information doctors are obliged to provide to patients.
Read More »Trial lawyers not happy with ‘informed consent’ amendment
In amending a bill concerning what doctors must tell patients about alternatives to prescribed medical treatments, lawmakers have missed the mark, says the president of Wisconsin’s trial lawyers association.
Read More »The biggest risk: Real estate law most likely to yield malpractice claim
Real estate law has edged out personal injury-plaintiff matters as the practice area most likely to ensnare a lawyer in a malpractice lawsuit.
Read More »Woman challenges cap on malpractice damages (UPDATE)
A Verona woman is mounting what's believed to be the first challenge to a 1979 state law that caps malpractice damages against University of Wisconsin doctors at $250,000.
Read More »Hidden dangers that could lead to malpractice
There are a number of all-too-well-known malpractice and grievance traps at a law firm: conflicts of interest, missed deadlines, lack of competency, confidentiality/fiduciary breaches, clerical errors, failure to document adequately and poor client relations. But other, hidden dangers could be lurking right under our noses.
Read More »Malpractice stats don’t support fears about informed-consent law (UPDATE)
Lawmakers are arguing a recent Wisconsin Supreme Court decision warrants a change in decades-old law to prevent rises in malpractice suits filed and the practice of “defensive medicine.”
Read More »7th Circuit says law firm forfeited malpractice coverage
A law firm failed to provide the notice necessary to ensure coverage of a legal malpractice claim under its professional liability policy, the 7th U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.
Read More »US high court justices take up legal malpractice case
The justices of the U.S. Supreme Court appeared reluctant Wednesday to make a federal case out of a legal malpractice claim arising from a patent suit.
Read More »Legal malpractice suit puts focus on billing practices
A national law firm is facing a legal malpractice claim that offers a cautionary tale for lawyers who might not be following best billing practices.
Read More »The lawyers’ lawyers: Attorneys seek peer assistance to fight malpractice claims, understand ethics rules
A lawyer can make a tough client.
Ensure your client’s award is collectible
Long after the headlines trumpeting the latest humongous jury verdict have faded from the public’s radar, the victors are left facing a less spectacular reality: In all likelihood, they will not collect the amount the jury awarded.
Read More »Malpractice insurance: How to look good for an underwriter
While legal malpractice insurance is a necessity, overpaying for it is not. One key to getting the best rate for legal malpractice insurance is showing the insurance underwriter a law practice that’s set up to be low-risk.
Read More »Court ruling favors docs in malpractice case
The Wisconsin Supreme Court has ruled in favor of three doctors in a malpractice case.
Read More »Study: Large claims against law firms increase
The number of big-figure malpractice claims against law firms has increased, according to a new insurance industry survey.
Read More »Verdict proves lesson on risk from ‘accidental clients’
A hefty $34.5 million legal malpractice verdict against Massachusetts law firm Holland & Knight is a wake-up call to lawyers about the pitfalls of creating an “accidental client” relationship.
Read More »Most med-mal cases dismissed, AMA study finds
Almost 55 percent of all medical malpractice cases are dismissed and less than 5 percent make it to trial, according to a new study published by the American Medical Association.
Read More »LAWBIZ COACHES CORNER: Fee-suit exclusions muddy malpractice waters
The cost of malpractice insurance is an issue for every lawyer.
LAWBIZ COACHES CORNER: Are you excluded from malpractice insurance coverage?
The cost of malpractice insurance is an issue for every lawyer. Annual malpractice premiums cost thousands of dollars, often straining the ability of small firms and sole practitioners to purchase when premiums approach 10 percent or more of their income on a product they likely will never need.
Tips for avoiding legal malpractice claims
Being hit with a legal malpractice suit can be any lawyer’s worst nightmare. But staying out of trouble with your clients may be easier than you think.
Read More »Bill would bar doctors from admitting fault (UPDATE)
A legislative proposal would prevent a written or verbal admission of fault by doctors in Wisconsin from being used to determine negligence in medical malpractice cases.
Read More »Legal malpractice suits on the rise, survey finds
Law firms are facing a surge in malpractice claims, with conflict of interest issues being the leading source of exposure to liability.
Read More »2009AP2801 Roehl v. Gisselman
Torts Legal malpractice Bert Roehl appeals an order dismissing his legal malpractice claim against Sharon Gisselman. Roehl’s complaint alleged that Gisselman negligently represented him in a fifth-offense OWI case by failing to collaterally attack one of his previous OWI convictions. The circuit court granted Gisselman’s motion to dismiss, concluding Roehl’s complaint did not state a claim for legal malpractice. A ...
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