Medical Malpractice

At Otjen, Gendelman, Zitzer, Johnson & Weir, S.C., we understand the significant impact that medical malpractice actions have on health care providers. Our attorneys have decades of experience in defending the most complex medical and dental malpractice cases. We have obtained successful defense verdicts on behalf of hospitals and physicians in virtually every area of medical practice or specialty. Hospitals in our community have consistently relied on the firm to defend them in malpractice actions since before the enactment of Chapter 655. When competent, aggressive, and compassionate representation is needed in malpractice cases, the attorneys at Otjen, Gendelman, Zitzer, Johnson & Weir are the logical choice. Our malpractice team includes trial attorneys, licensed nurse-paralegals, and skilled investigators who will develop and understand every medical and legal issue presented by the malpractice case. We understand that each case is unique to the healthcare provider and will diligently develop, with the healthcare provider, the best possible defense to the case.

While we are proud of our results in the courtroom, our attorneys also work closely with hospitals, clinics, and the medical community in an effort to reduce the risk of malpractice cases. We make presentations in conjunction with risk managers at hospitals and clinics in an effort to make employees aware of how to reduce and recognize risk.

Medical Malpractice
Otjen, Gendelman, Zitzer, Johnson & Weir, S.C. has been involved in the defense of healthcare providers in Wisconsin for decades. Currently, three shareholders, Todd Weir, Lori Gendelman and Michael Johnson, devote substantial portions of their practice to the defense of health care providers, representing physicians, hospitals, and the Wisconsin Patients Compensation Fund in the defense of medical negligence claims. These shareholders each have been involved in the defense of medical negligence cases for approximately 25 years. They have experience in virtually all types of medical negligence claims that can be brought against healthcare providers in Wisconsin.

Doctors
The attorneys at Otjen, Gendelman, Zitzer, Johnson & Weir, S.C., have extensive experience in the defense of physicians in medical negligence matters. Our firm also has a wealth of experience and expertise in defending physicians before the Wisconsin Department of Regulation & Licensing. As attorneys who are licensed by the state of Wisconsin, we understand the critical importance which surrounds any action brought against a physician or other license holder which could jeopardize their means of earning a livelihood. Our attorneys have a thorough knowledge of the procedures utilized by the Department of Regulation & Licensing. Through our extensive dealings with the attorneys and investigators who work on licensing matters, with the Division of Enforcement in the Department of Regulation & Licensing, the firm has established a strong reputation for credibility which serves our clients well when we represent them in licensing matters.

Hospitals
While the firm is proud of its reputation for successfully defending hospitals in medical negligence cases, the firm also has a strong commitment to reducing the number of medical malpractice actions that are brought against hospitals. Throughout the years attorneys at the firm have worked closely with the risk management departments of hospitals to better educate hospital employees on how to identify, recognize, and, minimize the potential risk of medical negligence case. Attorneys at the firm frequently present seminars to hospital employees on issues such as appropriate policies and procedures, and generating an accurate and factual medical record. The firm has worked closely with the administration of hospitals providing advice on issues such as protecting peer review and sentinel event investigations, and, the proper the maintenance and release of patient health care records.

Healthcare Product Liability
Given the extensive involvement attorneys at our firm have with the medical profession, attorneys at Otjen, Gendelman, Zitzer, Johnson & Weir, S.C. have developed an expertise in the defense of healthcare product liability cases. Our firm served as national counsel in the latex glove litigation for a client with exposure nationwide. Our firm’s attorneys manage cases effectively and skillfully develop strategies. For example, in cases involving multiple exposures to a product, our attorneys clearly establish the limited exposure plaintiffs have experienced with the clients’ products. Through our contacts in the healthcare industry, we can develop the necessary expert opinion to defend the healthcare products of our clients. We have experience defending medical devices, surgical equipment, and many other products associated with the delivery of medical care.

Pharmaceutical Product Liability
Our firm has recognized expertise in defending products liability actions. The firm has served as local counsel for the State of Wisconsin in two of the largest class-action product liability cases concerning FDA-approved pharmaceutical products. Our attorneys are experts at partnering with national counsel in pharmaceutical product litigation. Our knowledge of local, treating healthcare providers and reputation throughout the state of Wisconsin render the attorneys at our firm valued partners with national counsel in defense of nationwide product liability litigation.

The firm also has extensive experience and expertise in the defense of asbestos litigation cases. Attorneys from our firm have been involved in the trials of asbestos cases, in the state of Wisconsin and other jurisdictions.

General Liability

Otjen, Gendelman, Zitzer, Johnson & Weir’s general liability defense practice encompasses the areas of auto liability (including uninsured and underinsured motorist claims), premises liability, products liability, trucking claims, construction accidents and construction defects, fire loss, environmental liability, and toxic torts, as well as the defense of non-medical professional claims (architect and engineer, insurance and real estate agents, and attorneys). Additionally, we provide insurance coverage expertise in analyzing and litigating coverage issues for our insurance clients at both the trial court and appellate levels. We also accept referrals for subrogation and other recovery claims. These cases are handled on a hourly or contingency basis.

Automobile Liability
The attorneys at Otjen, Gendelman, Zitzer, Johnson & Weir, S.C., have a strong reputation for representing individuals and businesses in personal injury and property damage claims. The firm has a statewide practice in defending automobile liability cases, construction-related injuries, and cases involving losses caused by fire. We understand that these cases require a cost-efficient but aggressive defense. Our attorneys apply the principal of providing a cost-efficient defense to all cases, from those involving catastrophic injuries to the routine injury cases. Our reputation as skilled trial attorneys often results in the clients obtaining favorable resolution of their cases before trial.

Product Liability
Product Liability
Our firm has a recognized expertise in defending products liability actions. The firm has served as local counsel for the State of Wisconsin in two of the largest class-action product liability cases concerning FDA-approved pharmaceutical products. Our attorneys are experts at partnering with national counsel in pharmaceutical product litigation. Our knowledge of local, treating healthcare providers and reputation throughout the state of Wisconsin render the attorneys at our firm valued partners with national counsel in defense of nationwide product liability litigation.

The firm also has extensive experience and expertise in the defense of asbestos litigation cases. Attorneys from our firm have been involved in the trials of asbestos cases, in the state of Wisconsin and other jurisdictions.

Professional Negligence

Professional Negligence
The attorneys at Otjen, Gendelman, Zitzer, Johnson & Weir, S.C. have extensive experience in both federal and state court defending:

 

  • Healthcare professionals
  • Attorneys
  • Accountants
  • Insurance professionals
  • Architects and engineers
  • Real estate agents

The attorneys at the firm are well-seasoned in defending claims of professional negligence through extensive involvement in litigation before juries, judges, and appellate courts.

Workers Compensation

The Otjen Firm has defended insurance companies and employers in worker’s compensation matters since the inception of the Worker’s Compensation Act. Our worker’s compensation attorneys have extensive experience in handling matters at all levels of the worker’s compensation system from the administrative hearing level to appeals before the Wisconsin Supreme Court. They have given seminars for the state bar and other legal education courses, as well as private seminars directly with clients. Our clients range from heavy industry to health care to technology companies.

Wisconsin Workers Compensation
Wisconsin Workers Comp Act
Wisconsin was the first state to enact constitutional worker’s compensation legislation. The Otjen Firm has successfully represented employers and insurance carriers throughout the state of Wisconsin since the adoption of the Worker’s Compensation Act in 1911. We have one of the oldest and best-established worker’s compensation practices in Wisconsin, with attorneys who devote their practices on a full-time basis to worker’s compensation defense. We are experienced in all aspects of workers compensation defense, including penalty claims and claims running directly against the employers such as wrongful refusal to rehire and wrongful termination. Our law firm stands committed to providing the best legal services available to employers and insurers defending worker’s compensation matters in Wisconsin.

Longshore & Harbor Workers Compensation Act
The Longshore and Harbor Workers Compensation Act [LHWCA] was enacted by the United States Congress in 1927 to provide worker’s compensation coverage to maritime workers. There may be concurrent jurisdiction between the Wisconsin Worker’s Compensation Act and the LHWCA over certain maritime-related injuries. Federal jurisdiction is exclusive in cases when the employment is so specifically maritime, or so associated with navigation and commerce, that the application of state law would materially interfere with the federal legislation.

Medicare Secondary Payers Act
Special attention must be given to dealing with Medicare and the Centers for Medicare and Medicaid Services (CMS) in cases involving the interests and potential interests of Medicare. We are aware of a level of dissatisfaction with available options for dealing with Medicare issues and CMS in settlements, and a number of our clients have expressed interest in having Wisconsin attorneys with particular expertise in dealing with CMS and Medicare Set-Aside agreements (MSAs). We are committed to ensuring that all of our lawyers are well-versed on all issues under the Medicare Secondary Payer Act. In addition, some of our lawyers have been designated as “Medicare Gurus.” These attorneys are responsible for ensuring that all of the lawyers in our firm are provided with the most recent updates regarding the Secondary Payer Act and Set-Asides. In addition, the “Medicare Gurus” are responsible for the submission of MSA proposals to CMS and the negotiation of those proposals with CMS. Our commitment to our clients is that we will take a detail-oriented approach to make sure that every settlement dollar spent on a MSA is well-justified and takes into account the obligations of the client under Wisconsin as well as federal law.