A study was recently released in the British Medical Journal addressing the role of medical errors in deaths occurring in the United States. Ultimately, the recent study concluded that medical errors are now the third leading cause of death in the United States. The study is available online and has been the subject of several news […]
Court Emphasizes Evidentiary Requirements in Trust Actions
The Minnesota Court of Appeals recently issued an unpublished decision involving litigation related to trust property in In re: The Frank John Rodriguez Sr. Trust, File No. 62-TR-CV-14-63 (Minn. Ct. App. Mar. 28, 2016) (Unpublished). The facts of the case involved a beneficiary seeking to prevent sale of trust property. The beneficiary claimed that the […]
CDC Guidelines Complement Minnesota Opioid Treatment Parameters
In 2015, the Minnesota Department of Labor and Industry (DOLI) promulgated treatment parameters dealing with long-term opioid analgesic use in the workers’ compensation context. Recently, the Centers for Disease Control (CDC) put forward its treatment guidelines on long-term non-cancer prescription of opioid analgesics. In the guidelines, there are 12 basic recommendations for the prescription of these drugs for non-cancer pain. A review of the purposes for the new guidelines and the recommendations themselves show that Minnesota’s treatment parameters were timely and appropriate.
Pending Decision Regarding Damages Cap for Medical Malpractice Claims in Wisconsin
A Wisconsin Circuit Court Judge made waves over a year ago, when he issued a Decision finding that Wisconsin’s cap on noneconomic damages in medical malpractice cases was unconstitutional as applied to the plaintiff in the case. By way of background, Wisconsin lawmakers previously passed legislation implementing a statutory cap limiting recovery for noneconomic damages […]
Vacating a Stipulation for Settlement: Improper Diagnosis
Minnesota employees, and to a lesser extent employers/insurers, currently have several options for vacating a workers’ compensation Award on Stipulation for Settlement. I was recently asked whether a misdiagnosis might pave the way for filing such a petition. The answer, like many in the legal realm, depends on the circumstances. However, based on the Minnesota […]
