Informed Consent

White hospital bedsSeveral years ago, the Wisconsin veterinary state convention focused on the legal standard of informed consent in the profession. Lawyers explained that this meant that veterinarians needed to provide all options to owners and that owners make the decision as to what options to pursue. Although this seemed simple enough, and certainly some veterinarians already practiced some degree of informed consent, some veterinarians were understandably concerned about discussing a “no treatment” option and some veterinarians practice in situations where discussions with owners may be difficult (e.g., production medicine) or the time involved would defeat the purpose of their services (e.g., high-volume spay/neuter clinics). But the take-home message was that veterinarians are not the responsible parties for making the decisions for clients and that veterinarians need to provide all of the options, and all of the information that clients need to make decisions. Informed consent protects both parties to the transaction.

Informed consent provides transparency. In the veterinary profession, owners are held directly responsible for the decisions and charges incurred. When an owner is informed about diagnostic or treatment options, this includes the cost involved with the options. Informed consent means discussing what the diagnostics or treatments entail, the prognosis or outcome expected, and the costs involved. In fact, most veterinarians provide written estimates for procedures or hospitalization and may require a deposit. Although this may seem insensitive in some way—to require a deposit to provide care—the estimate can be the reality check an owner may need and, again, the owner client is the responsible party.

Informed consent is also the standard in the human medical profession, but the human medical profession does not provide estimates and doesn’t seem to even know, or admit to knowing, what price tag attaches to options. Much is said about the failures of human medicine. Some of this can be attributed to allowing the profession to not be transparent—to not providing information.

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Five Lessons Democratic Presidential Candidates Might Learn from Tony Evers’ Victory

After what happened in Wisconsin in 2016, you can bet the current crop of Democratic presidential candidates won’t forget about the Badger state in 2020. Donald Trump’s narrow victory here played a key role in his stunning victory, and most political observers believe the president will need to win Wisconsin again to secure a second term.

But if what’s past is prologue, Democrats might want to remember not just what happened in Wisconsin in 2016, but what happened two years later, when Democrat Tony Evers defeated Republican Governor Scott Walker in a race that was decided by fewer than 30,000 votes. Let me explain.

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The Rewards of Being a Small Town Lawyer

A path forward with trees on either side going through a forest.
Chequamegon-Nicolet National Forest

When asked to write a blog for the Marquette University Law School blog, I was provided several general topics that I could have considered, as I have never blogged.  But it was also suggested that I have an interesting personal story:  I always wanted to be a lawyer in my hometown, a city with fewer people than are enrolled as students at Marquette.  I have always had a desire to return to Ashland, Wisconsin, and practice law, raise my family and live the lifestyle that I enjoy.  I don’t find my situation to be unique or interesting, but maybe that’s because northern Wisconsin is such a wonderful location that it pulls many people home, and my story isn’t unique among residents here.  However, someone who grew up in an urban area may be apprehensive that there will be “nothing to do” in a small town.  To that I say: only boring people get bored.  So rather than discuss a legal topic, I plan to discuss my legal practice, and why being a small-town lawyer is a fulfilling and interesting career.  The State Bar of Wisconsin has also recently encouraged small town practice and tried to connect new lawyers or those looking for a change with lawyers in rural areas. Small towns need lawyers.

I grew up in Ashland, located on the shores of Lake Superior, enjoying the big lake and the big woods (Chequamegon National Forest). In the summer and fall the activities were hunting and fishing, in winter it was hockey rinks and ski slopes, and the in the spring, well that was just mud season.  I have been teased for the pride I take in talking about my home, my high school, and the general area I grew up in.  Unlike larger areas, my high school represents my community and is smaller than most.  Ashland has just over 8,000 people and the county has just twice that many.  There was no other high school, so it represented us as an area.  It represents my home, so I take pride in its success and sorrow in its failures.

In law school I had academic success having offers from large firms and was a summer associate at one.  I graduated magna cum laude and moved back to Ashland the day after being sworn in to the Bar.  While my big firm experience was positive, I knew my long-term happiness was north.  When asked why would you want to live up there, my response was typically the same: “Why do you vacation in northern Wisconsin?”  To many people, Elkhart Lake was “up north,” while I consider Highway 8 to be the dividing line between north and south Wisconsin.   I find cities great places to visit on weekends but I find the small town is the place to live.   I think many lawyers would find small town practice rewarding both professionally and personally.

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