Wisconsin Supreme Court Orders $1 Million Payout in Malpractice Case

July 7, 2008

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The Wisconsin Supreme Court has ordered an insurance company to pay nearly $1 million in a medical malpractice case.

The decision upholds an earlier ruling that Physicians Insurance Co. of Wisconsin must pay damages and costs to the estate of Dale Otto, who died of cancer in 2003.

His family members filed a lawsuit claiming two doctors failed to diagnose his condition.

Physicians Insurance provided insurance to the doctors and the clinic that employed them, which were named as defendants in the lawsuit along with the company.

The doctors and the clinic denied the claims in court but Physicians Insurance never responded, which the company called an oversight.

In a 4-3 decision, the court ruled Physicians Insurance was in default and must pay the damages.

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Latest Comments

  • July 9, 2008 at 8:18 am
    Frankie Ann Goodson says:
    I had been going to my primary care doctor for around 15 or more years. I found out later that my HMO, Health Advantage, had been paying primary care doctors to not refer thei... read more
  • July 7, 2008 at 2:52 am
    Calif Ex Pat says:
    Thank you Bystander for the case summary Agree w/ posts indicating this outcome is VERY nitrogen rich. Please note merits of the case in chief were never tried Also - why were... read more
  • July 7, 2008 at 12:16 pm
    lastbat says:
    So the award was not for malpractice per se but for failing to answer. These awards based on technicalities are irksome. Thanks for the info bystander.
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