Counseling and representing professionals, institutions and corporations in complex litigation, licensing and regulatory inquiries and risk management since 1994, Mr. Russart has successfully resolved disputes from informal complaints to multi-million dollar claims.
His clients include health professionals, insurers, including the nation's largest chiropractic liability insurer, individual businesses, and small to large physician and hospital groups.
Mr. Russart began his practice of law as a Public Service Special Prosecutor with the Milwaukee County District Attorney’s office, and before entering law school served for 10 years as a Milwaukee police officer.
- State Bar of Wisconsin (Litigation and Medical Malpractice Sections)
Honors & Awards
- Holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability
Mr. Russart has represented dozens of professionals in matters before their licensing boards. He has extensive jury trial and appellate experience including:
Representing an entity established to pay damages for medical negligence against an allegation of failing to inform a cancer patient of the potential cardio-toxicity of a chemotherapy agent resulting in an eventual heart transplant in a 26-year-old female and a claim for over $25 million in damages.
Representing the owners/operators of a leisure and vacation company in a complex regulatory forfeiture and enforcement action brought by the State of Wisconsin.
- Representing a Forbes Top 50 Private Company against claims of negligence.
- Representing an entity established to pay damages for medical negligence against an allegation of not properly prescribing a medication leading to the development of a life-threatening allergic drug reaction and over a million dollars in claimed damages
- Representing an entity established to pay damages for medical negligence against an allegation of negligently administering an epidural anesthetic causing paralysis.
- Schissel v. Everlight, U.S.A.: products liability
- Clements v. Schmidt, M.D.: medical malpractice
- Martin v. Chua, M.D.: medical malpractice
- Gerke v. Falk, M.D.: medical malpractice
- McGowen v. Ward, DDS: dental malpractice
- Olin v. Spennetta, D.C.: medical malpractice
- McHugh v. Lyon, M.D.: medical malpractice
- Johnson v. Singh, M.D.: medical malpractice
- Foehringer v. Abler: medical malpractice
- Garrison v. Fund: medical malpractice
- Graziano v. Allen: medical malpractice
- Jeffers v. Sinai Samaritan: negligence, battery
- Johnson v. Singh: medical malpractice
- Kashishian v. Mount Sinai: damages
- Kozloski v American Red Cross: negligence
- Kuklinski v. Rodriguez: medical malpractice
- Meleski v. Abdullah: medical malpractice
- Ruiz v. Charter Behavioral Mental Health Systems, Milwaukee/West Allis: medical malpractice
- Scholler v. Harris: negligence, fraud counterclaim
- Schroeder v. Celtic Life Insurance Company: insurance rescission
- Williams v. Bluemound Medical Center: medical malpractice
- Zembinski v. Reid: medical malpractice
Mr. Russart’s appellate experience includes these published decisions:
- Representing physician against wrongful death claims, 2007 WI 92, 735 N.W. 2d 55 (2007): medical malpractice, standing to sue
- Aicher v. Fund, 2000 WI 98, 613 N.W.2d 849 (2000): medical malpractice, statutes of limitations and repose
- Fojut v. Stafl, 212 Wis. 2d 827, 569 N.W.2d 737 (1997): medical malpractice, statute of limitations
- Glenn v. Plante, 2003 WI App 96, 663 N.W.2d 375 (2003), review pending: medical malpractice, expert privilege
- Goff v. Seldera, 202 Wis. 2d 600, 550 N.W.2d 144 (1996): medical malpractice, right to trial
- Kuklinski v. Rodriguez, 203 Wis. 2d 324, 552 N.W.2d 869 (1996): medical malpractice, directed verdict denied
- Magyar v. Frazin, 211 Wis. 2d 296, 564 N.W.2d 766 (1997): medical malpractice, evidentiary ruling
- Riley v. Larson, 210 Wis. 2d 478, 565 N.W.2d 266 (1997): medical malpractice, accord and satisfaction
"Medical Malpractice 101," St. Joseph's Hospital, Milwaukee, Wisconsin, October 2015.
- "The Reptilian Approach to Litigation," at the Wisconsin Society for Healthcare Risk Management (WSHRM) Fall Conference, September 18, 2014.
- "The Reptilian Approach to Litigation," Wheaton Franciscan Healthcare Risk Managers Conference, May 2014.
"General Liability Risk Management," Wheaton Franciscan Healthcare Risk Managers Conference, May 2011.
- "Recent Trends in Claims Against Self-Insured Health Plan Administrators," Self-Insurance Institute of America, Inc., 30th Annual National Education Conference & Expo, Chicago, Illinois, October 2010.
- Participant as a medical witness, 16th Annual Institute of Trial Practice, Milwaukee, Wisconsin, November 2005.
- "Physician Liability and Litigation," Medical College of Wisconsin, Pewaukee, Wisconsin, March 2005.
- "Nursing Home Litigation in Wisconsin," September 2003
- "Litigation and Nursing Practice," Froedtert Memorial Hospital, April 2003.
- "New Issues in Malpractice for Family Physicians," Fourteenth Annual Family Practice Symposium, March 1998.
Mr. Russart is the author of:
- "Just the Facts, Ma'am: Glenn v. Plante and the Reluctant Expert," Wisconsin Civil Trial Journal, Fall 2004.
- "Case Update: Will a Treating Physician Be Able to Continue to Just Say 'No?'" Risky Business, Wisconsin Society for Healthcare Risk Management, Summer 2003.
- "Aicher v. Wisconsin Patients Compensation Fund," Wisconsin Opinions, Term In Review, Summer 2000.
- "Backdoor Liability: The Doctrine of Apparent Authority," WiscRisk, Spring 2000.
- June 2, 2016
- December 17, 2013
- July 2, 2012
- March 19, 2012
- December 21, 2010
- September 29, 2010
- March 23, 2010
J.D., cum laude, University of Wisconsin Law School, 1994
B.S., cum laude, University of Wisconsin, 1978
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Western District of Wisconsin