Joshua Tuchscherer of Meshbesher & Spence exemplifies the dilemma but some information about cases is available on his website. A large portion of his practice is medical malpractice work. In one case, a 4-year-old girl died because her physician and nurses failed to order and administer antibiotics. In another, a woman was forced to undergo a bilateral mastectomy due to the negligence of her primary care physician in diagnosing breast cancer. He’s also represented a person who sustained severe facial disfigurement in a fire in an operating room.
Vehicle collision damages are still part of the current picture for Tuchscherer. Recently a confidential settlement was reached where a semi hauling a trailer swerved into the wrong lane, resulting in the death of two children and their mother, who was 8½ months pregnant. (The father was also killed but was driving so he was represented separately.)
And a young woman was catastrophically injured and suffered a traumatic brain injury when a semi-truck made an illegal u-turn and blocked four lanes of traffic causing a collision.
Larson King trial lawyer Mark Solheim and HealthPartners senior counsel Kay Tuveson have defended claims pursued by Tuchscherer. As litigation opponents, they have vigorously advanced the respective positions of their clients while working to find common ground. “While we certainly don’t always agree with the alleged merits of his cases, we can count on Josh to listen to our perspective and, through an honest and candid colloquy, we are usually able to achieve resolution,” they said in an email to Minnesota Lawyer. Tuchscherer has the “uncanny ability to separate the adversity that comes with litigation from genuinely sharing personal experiences on a wide variety of topics ranging from skiing, pheasant hunting, or family.”
Although COVID has delayed many trials, Tuchscherer said that attorneys on both sides are trying to think collaboratively. Some cases will have to wait, but others, where the defendants are self-insured, may be settled. “We’re looking forward to trial dates, to some sense of normalcy,” Tuchscherer said.
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