Who Is Looking? June 4, 2009
Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.Tags: Allstate Insurance, American Family Insurance, Certified Medical Records, insurance settlement
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What happens if a medical facility releases your medical records to the general public? What happens if an insurance company releases medical records to the general public?
Well, according to Section 146.84 Wisconsin Statutes that facility or person may be liable for tens of thousands of dollars in addition to actual damages and ACTUAL attorneys fees. Believe me, that can be a lot of money.
I found an article from a few years ago written by a couple Michael, Best and Friedrich attorneys concerning this issue. I hope it will continue to be available. Finerty and Barlament state:
This statute may apply to entities other than health care entities. The statute’s penalty provisions for example, Wis. Stat. § 146.84, apply to “[a]ny person, including the state or any political subdivision of the state” who violates Wis. Stat. § 146.82 or 146.83. Wis. Stat. § 146.84(1)(b), (bm). Similarly, penalties (including a fine of up to $25,000 and up to 9 months in prison) can be applied to “[w]hoever” obtains certain confidential information under false pretenses or with knowledge that the disclosure is unlawful and not reasonably necessary to protect another from harm. Wis. Stat. § 146.84(2)(a).
I was thinking about this after a client asked me what protection she/he has when medical records are released to an at-fault insurance provider. In all honesty the liability of the company who discloses to the public certain records depends on the authorization that was signed and the particular facts of the release of those records. But, if a company or hospital releases records improperly at least this statute exists as a pretty significant penalty.
More Attorneys in Wisconsin? April 27, 2009
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.Tags: Civil Justice In Wisconsin, jury trial, Personal Injury Attorney, Wisconsin Personal Injury Attorney
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I’m following up on my post from last week. Other bloggers have also commented on the Civil Justice in Wisconsin, A Fact Book publication from UW Law School.
I wanted to direct everyone to a few interesting things in this Fact Book. Page 31 asks “Is Wisconsin ‘Overlawyered’?”. The Civil Justice Fact Book states, “Wisconsin, with about 2 percent of the U.S. Population, has about 1.3 percent of the country’s lawyers.” It goes on to say that Wisconsin’s attorneys are “slightly older” than the national average with “a median of fifty years of ages versus a national median of forty-seven.”
The conclusion is that “Wisconsin seems to have about one-third fewer lawyers per capita than the rest of the country and it is not catching up.”
Interesting stuff. I though Wisconsin would have more attorneys based upon our diploma privilege. But, I’m wrong.
Keep an eye out for more comments on the Civil Justice in Wisconsin, A Fact Book.
Civil Justice In Wisconsin April 21, 2009
Posted by Attorney Jonathan Groth in Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: Civil Justice In Wisconsin, jury trial, Personal Injury Law
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I’ll write more about this in coming days but I wanted to link to this “Fact Book” published by The University of Wisconsin Law School.
Below is the “Foreword” from the Fact Book:
Our civil justice system has always been a matter of intense public interest, from television drama to newspaper editorial pages. To some, trial lawyers are the champions of the underprivileged and downtrodden; to others, they are a threat to the state’s business climate. All too often, these impressions are shaped by the attention paid to a single sensational case, severed from the context of the hundreds or thousands of other disputes that people regularly look to our court system to resolve. In the interest of shifting the focus to that broader context, two of our faculty members volunteered to gather the data and provide the commentary that forms this booklet. Their goal was to provide an objective picture of the civil justice system in Wisconsin, focusing on the basic facts about the state’s civil courts and the litigation in them and comparing it with the situation in neighboring states. The authors need little introduction to those familiar with civil litigation and the court system. Marc Galanter is the John and Rylla Bosshard Professor of Law Emeritus, and an internationally recognized expert on trends in civil litigation. Susan Steingass recently retired from her position as the Director of the Law School’s Communication and Advocacy Program. She brings to the project her substantial experience as a former trial judge, state bar president, and litigator with a long career of representing both plaintiffs and defendants in civil litigation. Some readers may well be surprised by some of the statistics that follow. Other readers with a particular stake in the civil justice debate may wonder if this project is an effort to advocate for one position over another. I can assure you that this is neither the project’s intent nor, in my opinion, its effect. Open debate on issues of consequence to our state and nation is one of the hallmarks of our Law School’s educational tradition. This booklet reminds us that collecting the best available information provides a platform for such a debate and leads to the process of finding the best possible solutions to the issues. On behalf of the Law School, I wish to acknowledge and thank the authors and the law students who worked with them for their important contribution to the ongoing discussion of the civil justice system.
Kenneth B. Davis, Jr.
Fred W. & Vi Miller Deanship
University of Wisconsin Law School
You can order the Civil Justice in Wisconsin book at the UW Law School’s website. It is a good read and I’ll have comments in the coming days.
Soft Tissue Explanations April 16, 2009
Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: car accident, Personal Injury Law, soft tissue injury, wisconsin personal injury
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Once again I think you’ll get some valuable knowledge out of reading Medical Legal Art’s blog. This month’s topic is “Soft Tissue Injuries.”
I think it is safe to say that most people involved in car accidents suffer from these injuries. Many times they go away in a matter of weeks or months. Other times it takes a lot longer. It really depends on the person.
Benjamin Broome, M.A. has a good diagram and discussion of what he has found in dealing with attorneys who litigate these cases.
I pretty much agree that there are important points to make in a soft tissue car accident injury case. Mr. Broome writes:
First it is important to explain that soft tissues all have microscopic sensory nerves that run through them. Next, it can be understood that the swelling and disruption of the soft tissues immediately following an injury put pressure on these nerves resulting in the pain that we all feel for a few days after an injury. Finally, it should be shown that in these more severe cases, microscopic scar tissue can build up within the soft tissues continuing to distort the nerves, causing pain, even after the swelling of the initial injury has subsided. This scar tissue and the resulting sensory nerve disruption is the physical source of the permanent pain in most of these soft tissue cases.
Unlike a case were someone breaks a bone or tears a ligament there really isn’t any easy way to see the injury. Identifying a broken bone on an X-Ray is almost common knowledge. Ask someone to identify “straightening of the lordosis” and they may ask whether you’re talking about Star Wars or Star Trek.
Anyway, it is a quick read and informative. I’ve used Medical Legal Art’s diagrams in many of my trials. A picture is worth a thousand words.
If you have questions about an accident where you suffered a soft tissue injury in Wisconsin feel free to contact me. I’d be happy to discuss your situation.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Jackson, Kenosha, Sheboygan and Wauwatosa.
Child Safety Seats April 9, 2009
Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.Tags: child safety, infant safety, Personal Injury Attorney, wisconsin personal injury
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I was surprised at the small number of states that require children to ride in the back seat. To me it seems like common sense. Wisconsin requires that children under the age of 3 be in a rear seat, if available.
The info provided by the Insurance Institute for Highway Safety has a good visual of the age at which children must be in a restraint or booster seat.
In Wisconsin those who must be in a safety seat are:
children younger than 1 and all children who weigh less than 20 pounds are required to be in a rear-facing infant seat; children 1 through 3 years who weigh at least 20 pounds but less than 40 pounds are required to be in a forward-facing child safety seat; children 4 through 7 who both weigh at least 40 pounds but less than 80 pounds and who are less than 57 inches tall are required to be in a booster seat
Simply an adult safety belt is permissible in Wisconsin if the child is:
8 years and younger and more than 80 pounds and 57 inches or taller
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
What to Expect April 7, 2009
Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: chiropractic, Personal Injury Law, Wisconsin Chiropractor, wisconsin personal injury
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A lot of my client come to me asking about Chiropractic care. I see a lot of people who suffer from whiplash after an auto accident. Logically, Chiropractic care is one of the first things that comes to mind.
Before you see a Doctor of Chiropractic it is important to know what to expect. Doctor Rada of Apple Chiropractic and Rehab Clinic is a good friend and my clients have always spoke highly of her.
Dr. Rada’s website has some good recommendations:
Since chiropractic care involves a series of visits, with each one building on the ones before, it’s important that our relationship can go the distance. We’ve found that one of the best ways to have successful patient relationships is to explain everything in advance. No surprises!
The more you understand who we are, what we do and why we do it, the better results you’ll enjoy. It’s as simple as that.
So, check us out here. Poke around. Get to know us. Then, contact us to make an appointment so we can get to know you.
- First Visit. To find out if we can help you, we ask questions and listen.
- Second Visit. We’ll report what we found and answer all your questions.
- Regular Visit. A typical visit will be much shorter, but just as importan
What If The Police Gave Everyone A Ticket? April 6, 2009
Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: at fault, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Phil Berenz of www.counseloroffices.net (an Illinois Attorney) wrote a good blog post on what happens when the injured party who was not a majority at fault receives a ticket. I get this question a lot. Let’s say the police give tickets to both drivers who are involved in an auto accident. In Wisconsin this fact is NOT admissible at trial. The jury isn’t going to hear about the tickets. Why? Because it is up for the Jury to decide negligence, period. The fact that a police officer gave a ticket may influence the jury one way or another. So, a judge won’t allow the parties or police officer to talk about tickets.
Check out Phil’s blog. He is a good guy and good attorney. Here is his opinion on Illinois’ trial practice.
Many individuals who are in accidents often ask me whether the jury will hear that the defendant received a ticket in relation to the accident. They would love for the jury to hear that! They are often surprised to hear me say “absolutely not.” In fact, I tell them that the Judge–prior to the trial even beginning–makes decisions on whether such issues will ever be heard by the jury. These decisions by the Judge are based on what are known as “Motions in Limine.” Motions in Limine are specific requests brought by both parties to prevent the mention of, question of, reference to, inquiry of, suggestion of–directly or indirectly–certain evidentiary issues. The rationale for excluding certain issues such as traffic tickets is, among other reasons, to prevent unfair prejudice to a party. Defendants routinely demand that evidence of traffic tickets be excluded from admissibility before the jury unless, generally speaking, a proper foundation is made as to a defendant pleading guilty (as opposed to being found guilty) and a certified copy of the guilty plea being made available at trial time. Even then, there is no guarantee a Judge will allow a guilty plea to a traffic ticket to be heard by the jury depending upon the specific circumstances of the situation. If the Judge rules that no evidence of traffic tickets will be admissible and a plaintiff (or his attorney or potentially other witnesses) mentions the ticket, the defendant’s attorney will most likely move for an immediate mistrial!
If you have questions about an accident where you were not at fault but received a ticket or whether someone is simply “at fault” in Wisconsin feel free to contact me. I’d be happy to discuss your situation.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Janesville and Wauwatosa.
“Independent” Medical Exams April 3, 2009
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.Tags: Independent Medical Exam, Personal Injury Law, wisconsin per, Wisconsin Personal Injury Attorney
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Actually, there is rarely anything “Independent” about medical exams requested by an insurance company. The insurance company pays for the exam. It’s easy to understand that the doctor is biased. This quote from an “Independent” medical doctor is eye opening:
“If you did a truly pure report,” he said later in an interview, “you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.”
Read the story from the New York Times. It deals with workers’ compensation in New York but it is certainly relevant for Wisconsin’s workers’ compensation claims.
Something interesting about this article is the changes that NY has implimented for its “I.”M.E.’s. They allow the exams to be tape recorded or videotaped. Seems reasonable to me! In Wisconsin personal injury law plaintiffs’ attorneys who ask that an exam be taped or recorded receive a strong objection from the insurance company. Sometimes even having a friend or family member attend an exam isn’t allowed.
Last I checked no Wisconsin Appellate Court has held whether a Defense Medical Exam (that is a more accurate description) performed for a personal injury claim may be tape recorded or videotaped. Federal Courts have held that a Defense Medical Exam regarding a psychiatric examination may be recorded. Zabkowicz v. West Bend Co., 585 F. Supp. 635 (E.D. Wis. 1974). (See this outline from an Insurance Defense Firm located in Milwaukee, Wisconsin).
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Part Two: Speed Defeats Right of Way April 2, 2009
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: Personal Injury Law, right of way, Wisconsin Personal Injury Attorney
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Matt made a great comment about my earlier post. I found a jury instruction (Wis JI-Civil 1157 Right of Way: At intersection of Highways; Ultimate Verdict Question) and Wis. Stats. Section 346.18 to support my position:
Another safety statute provides that the operator of any vehicle operating at an unlawful speed on a highway is negligent and forfeits any right of way which he would otherwise have. Thus, before you can find negligence for failure to yield the right of way, you must first find that the vehicle on thh right was being operated at a lawful speed.
So, the question is for the jury. The above paragraph is read by a Judge to the Jury before they begin to deliberate on who was at fault. I assume a jury would be lenient on a person going 46 in a 45 compared to someone going 70 in a 45.
As to Matt’s question regarding the Governor’s budget. I have to plead ignorance. All I know is what Belling and Sykes have said. I have to read the budget myself before I jump into that battle.
Thanks again for the comment Matt!
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