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Recent Blog Posts
Nursing Home Lawsuits Resulting from the COVID-19 Outbreak
By Nationally, COVID-19 deaths in nursing homes have exceeded 20,000. Faced with a potential flood of lawsuits, states are granting emergency protections from claims of inadequate care. In Wisconsin, health care providers have been granted immunity from civil liability, with certain exceptions, for injuries, deaths, or other types of damages resulting from their services during the COVID-19 crisis. This immunity provision, found in a newly created statute, sec. 895.4801, is part of a larger COVID-19 relief law that was signed into law by Gov. Tony Evers on April 15.
The law grants immunity to health care “providers” and “professionals,” which includes hospitals, nursing homes, assisted living facilities (Residential Care Apartment Complexes, Community Based Residential Facilities, and Adult Family Homes), hospice, physicians, nurses, physician assistants, and physical, speech, and occupational therapists. This immunity also covers employees, contractors, and agents of the aforementioned providers and professionals.
Do Contamination Clauses Provide Insurance Coverage During the Coronavirus?
By Law Clerk Nathan Froemming.
Has your insurance claim been denied despite the presence of a “contamination clause” in your insurance policy? The coronavirus has caused businesses to close across the nation, resulting in lost revenue for many small business owners. As a result, many businesses, especially restaurants and bars, are reviewing their insurance policies to see if they can file an insurance claim to seek relief.
One common provision found in insurance policies is a “contamination clause.” For example, an insurer may pay for lost business income caused by “‘Contamination’ that results in an action by a public health or other governmental authority that prohibits access to described premises or production of your product.” Furthermore, “contamination” is defined in some policies as “a defect, deficiency, inadequacy or dangerous conditions in your products, merchandise, or premises.” This is the language found in one insurance policy, so different policies might have different language or exclusions that may impact the coverage. An insurance claim will always depend on the terms of an individual policy, so remember to look at your own policy.
Interpreting Contract Provisions During The COVID-19 Outbreak
By The impact of the COVID-19 outbreak continues to escalate each day. Issues continue to arise both due to the outbreak itself and as a result of our response to it. We will continue to monitor the legal implications of the pandemic and help address legal and practical issues that may arise during this challenging time.
The COVID-19 pandemic presents multiple different types of potential contractual issues. Of particular importance is a force majeure clause that may be present in a contract. A force majeure clause is intended to address a potential “force of nature” disruption that may excuse performance of a contract. Even if a contract does not have a force majeure clause, it may still be possible to excuse performance under other legal theories, including frustration of purpose.
What Administrative Rules are Suspended for Nurses in Wisconsin?
By Prior to the COVID-19 pandemic, there was a nursing shortage in Wisconsin. Now, that shortage is reaching a critical level. The State of Wisconsin and Governor Tony Evers have taken an “all hands-on deck” approach. On Friday, March 27, 2020, Governor Evers Issued Emergency Order #16, relating to certain health care providers and the Department of Safety and Professional Services (DSPS). The Order applies to all heath care providers in various licensing situations.
Several administrative rules pertaining to nursing were suspended in this Order in an effort to increase the availability of nurses in Wisconsin during this health crisis. These administrative rules primarily affect new nurses and nurses whose licenses have expired.
What Does Governor Evers’ Order Mean for Out-of-State Health Care Professionals Currently Living in Wisconsin?
By On Friday, March 27, 2020, Governor Tony Evers Issued Emergency Order #16, relating to certain health care providers and the Department of Safety and Professional Services (DSPS). The Order applies to all heath care providers in various licensing situations. The purpose of the order is to increase the availability of health care providers in Wisconsin during this health crisis. One group that is addressed in the order are out-of-state licensed health care professionals who are currently living in Wisconsin. Under certain circumstances, an out-of-state licensed health care professional may be able to practice in Wisconsin without first obtaining a temporary or permanent license.
Normally, a health care provider licensed in another state needs to go through the licensing process in Wisconsin. Under Governor Evers’ order, a health care provider with a valid and current license issued by another state is able to practice under that license and within the scope of that license in Wisconsin. The license holder does not need to first obtain a temporary or permanent license from DSPS prior to starting work if the following conditions are met:
How Will the Coronavirus Affect Business Law and Civil Litigation?
By Courts in each county, as well as the Eastern and Western Districts of Wisconsin, have responded differently to COVID-19 by implementing a variety of measures that are affecting existing and contemplated civil litigation matters. We are continuing to monitor these announcements and are committed to providing you with the most up-to-date information as it becomes available. Most notably, on March 22, Justice Bradley issued an order suspending all civil jury trials scheduled prior to May 22 and temporarily suspending all in-person proceedings statewide, with certain limited exceptions. Many hearings and court conferences can and will continue to occur by remote attendance. Likewise, mediations and depositions can also be conducted remotely. While remote technology can provide an alternate solution to certain aspects of litigation, not every court will be as sympathetic as others with regard to extensions, and parties need to remain mindful of existing deadlines.
How Is Physical Placement of Children Determined During Divorce?
By When parents get divorced, they will need to determine where their children will primarily live and the amount of time they will spend with each parent. In Wisconsin, this is known as physical placement. Parents may be able to reach an agreement in these matters as part of their divorce settlement, or these and other child custody issues may need to be decided by the court.
Determining Physical Placement
If a child’s parents are unable to reach an agreement regarding their child’s physical placement, a judge will need to make decisions about how these matters should be handled. Wis. Stat. § 767.41 provides a number of different factors that a judge should consider to determine what is in the child’s best interests, including:
How Can My Company Address Claims of Discrimination or Sexual Harassment?
In the United States of America, everyone has the right to work in a professional setting free of sexual harassment, discrimination, and intimidation. In Wisconsin, sexual harassment and discrimination of any kind is prohibited in the workplace. According to the Wisconsin Fair Employment Act and the Civil Rights Act of 1964, victims of sexual harassment and discrimination may be able to recover financial damages if the proper measures were not taken to address these issues. Damages may include loss of income and physical and emotional suffering. When addressing these matters, employers will want to work with an experienced employment law attorney.
Sexual Harassment
Sexual harassment occurs when a person experiences unwelcome sexual advances, demands for sexual favors, or inappropriate verbal or physical conduct. Sexual harassment in the workplace typically falls into one of two categories:
- Quid pro quo sexual harassment. Quid pro quo refers to receiving something in exchange for something else. This type of sexual harassment may involve offering a person promotions or special assignments in exchange for sexual favors or even threatening the loss of a job if sexual demands are not followed.
Staying Professionally Healthy During the Coronavirus
By Over the past week, we have entered unprecedented times. Daily, new Coronavirus cases are confirmed, and the death toll continues to rise. Social distancing has become the norm, and it is now considered the polite thing to do.
It is easy during these unsettling times to want to bend the rules. However, for licensed healthcare professionals, bending the rules during this health crisis could result in long-term consequences professionally. It is important to remember that the regulations governing licensed professionals still apply even during these times.
For instance, it may be tempting for a doctor or nurse to view a neighbor’s medical record to see if they tested positive for COVID-19. Viewing an individual’s medical records without a legitimate business need is not only a violation of HIPPA, but it is also considered unprofessional conduct by the Medical Examining Board, the Nursing Board, and Dental Examining Board, just to name a few. This violation could result in public discipline of your professional license. Knowingly, recklessly, or negligently divulging a privileged communication or other confidential health care information except as required or permitted by state or federal law, whether or not the individual is a patient, can result in further public discipline to a professional license.
Can Civil Litigation Be Used to Resolve Disputes With Subcontractors?
Legal disputes can be stressful and time-consuming. If they are not solved within a reasonable time frame, they can cost a great deal of time and resources for you and/or your business. If you are a contractor who has a dispute with a subcontractor, you should speak to an attorney and understand your options for reaching a resolution. Your lawyer can help you determine whether civil litigation is an option in your case.
Wisconsin’s Right to Cure Law
In 2005, Wisconsin established the Right to Cure Law (also known as the 2005 Wisconsin Act 201), which details the procedures followed when making claims against contractors or subcontractors. Under this law, a claim can be filed for construction defects involving the use of defective materials, violations of building codes, or failure to follow accepted standards for completing work.
A person must provide written notice to a contractor or subcontractor at least 90 days before filing a claim. This notice must describe the defect in sufficient detail and describe the evidence that the claimant possesses. The written notice must also allow the contractor or subcontractor the opportunity to address the defect. They may do so by making repairs at no cost, settling the claim through a monetary payment, or a combination of these two remedies. If the contractor or subcontractor rejects the claim, or if the claimant does not accept their settlement offer, the claim may be filed and resolved through civil litigation.
