Recent Blog Posts
Damage Caps Shift Costs to Taxpayers
In some areas of Wisconsin tort law, damage caps exist. A damage cap limits the amount of money an injured person may recover from those responsible for causing harm. One of many downsides of damage caps are the shifting of costs to the taxpayers and allowing responsible parties to limit their liabillty exposure. In many personal injury cases, the medical bills may be paid for by Medicaid or Medicare. When an injured person is not able to be fully compensated for their…
Immunity Statutes are Bad for the Public
Immunity statutes when used to shield a certain business or type of activity are bad for the public. Immunity statutes undermine public accountability by providing a shield for negligent actions. When a immunity statute provides a shield, an injured person is often left without any remedy under the law because the law prevents them from bringing a lawsuit and holding actors responsible.
When immunity statutes are in place, they can embolden those shielded to act…
Misdiagnosis of a Vascular Event
Diagnostic errors are a significant concern in healthcare that often lead to severe consequences for the patient. Vascular events, in particular strokes, are at the top the list of commonly misdiagnosed conditions. In addition to strokes, other vascular events that are misdiagnosed include myocardial infarction, aortic dissection, pulmonary embolism, and venous thrombosis.
Misdiagnosis of a vascular event can occur due to several reasons. Some of the common reasons…
Looking into the Wrongful Death of a Loved One
The loss of a loved one is a devastating experience. The experience is only made worse if the loss is due to the negligence, recklessness or intentional act of another person or party. It may seem at the time of the loss that there is no way to obtain justice. However, under Wisconsin law you have the right to pursue a wrongful death claim. A wrongful death claim is a complex legal cause of action. In order to pursue such a claim, you should contact an…
Anesthesia Errors and Medical Malpractice
Anesthesia errors are serious medical mistakes that can lead to catastrophic outcomes. These errors often result from professional negligence and may constitute medical malpractice if they breach the accepted standard of care.
A common anesthesia error is incorrect dosing. The overdosing of anesthesia can lead to respiratory failure or cardiac arrest. The underdosing of anesthesia can result in patient awareness during surgery. Another anesthesia…
Failure to Diagnose a Heart Attack
A trip to the emergency room is a frightening experience that is filled with uncertainty. When you make the trip to the emergency room, you put your trust in the physicians and staff that they will make the correct diagnosis. A failure to make the correct diagnosis can turn what should be a treatable condition into something that is life threatening and deadly.
A heart attack occurs when the blood supply to the heart is stopped or greatly reduced. This happens when a…
Delayed Internal Bleeding From a Car Collision
Car collisions are traumatic events that often leave visible injuries. However, a dangerous and life-threatening condition that can result from a car collision is delayed internal bleeding. This silent and non-visible threat may not manifest immediately and put a person involved in a car collision at risk long after they have left the collision scene.
Internal bleeding occures when blood vessels are damaged due to the impact of a car collision. The damaged blood…
Ignition Interlock Devices Causing Collisions
Ignition interlock devices, often called IIDs, are ordered for those convicted of drunk driving in the State of Wisconsin. The devices are designed to prevent drunk driving by requiring the driver to blow into the device before starting the vehicle. However, these devices have been linked to causing distracted driving collisions due to the need for random "rolling retests" while the vehicle is in motion.
The main issue arises when drivers are required to breath into the…
Should Wisconsin Have Dram Shop Liability?
Wisconsin's current approach to drams shop liability is limited as compared to many other states. If Wisconsin were to expand dram shop liability, many potential benefits could be foreseen. For example, expanding dram shop liability would allow persons injured by drunk drivers to hold bars and restaurants accountable for overserving patrons or underage drinkers. The increased accountability would encourage establishments to be more careful about monitoring patron alcohol…
Experience Provides Stronger Negotiation Leverage
Hiring a personal injury lawyer with experience can significantly impact the outcome of your case. This experience will assist your case even if the case never reaches the courtroom. A lawyer with trial experience commands respect from the insurance companies which often leads to higher settlement offers. A lawyer with trial experience is not stuck with the offer from the insurance company and is able when necessary to move the case towards a jury trial. The lawyer's…