WI Court expands The Business of Law(tm)

The ABA’s electronic Report discusses a new Wisconsin Supreme Court case that discards medical malpractice limitations for non-economic pain and suffering.

The reason, in part, was violation of the equal protection clause: Those with major injuries will benefit proportionately less than those with minor injuries who total compensation might come in below the cap.

This issue is huge and, in today’s world of politics, is a stunning blow to the medical community that seems to be able to have its own way in everything.

From the perspective of the legal community, it is good news for some personal injury lawyers. While many lawyers are facing a challenge to their very economic existence — see asbestos law changes, among others — Wisconsin (this ruling is State specific) lawyers at least have been given new life for the moment. The medical community will now move to the national/federal level to seek new legislation.

The reasoning of the Wisconsin court was so well crafted, though, that it may be used elsewhere. Let’s hope.

This issue is just one more example of what lawyers need to look out for in the development of their business plans: Consider “threats” to your practice from the outside world. In this case, from politicians seeking to make it less attractive for lawyers as a means of reducing litigation against claimed negligence. “Keep your eye on the ball” to make sure your practice area isn’t the next target for our erstwhile politicians.

Categorized in: Personal Thoughts