Wisconsin Supreme Court Orders $1 Million Payout in Malpractice Case

July 7, 2008

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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