Recent Blog Posts

Chiropractic Malpractice

Each day many people use chiropractors to treat back pain and many other conditions.  Many of the people who use chiropractors may not know that some chiropractic adjustments can cause serious injury and put the patient at a risk for stroke.  When a chiropractor uses cervical manipulation to adjust a patient, arteries that provide blood to the brain can be injured.  An improper neck manipulation can cause an artery to tear.  If an artery tears, it can cause an immediate…

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Birth Injury Malpractice

A birth injury can be defined as harm that occurs to a child or the mother before, during or immediately after a child is delivered.  In other cases, a child may be injured in utero when the mother is under the care of an obstetrician.

Some of the common causes of birth injuries include the failure to treat and diagnose complications, such as infections, during pregancy and the birthing process, failing to maintain a sanitary hospital,  failing to monitor hemorraghing during…

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Understanding Cauda Equina Malpractice

The cauda equina are a bundle of nerves located at the base of the spinal cord.  The nerves are named for the resemblace to a horse's tail, as they consist of multiple nerve roots that extend downward from the spinal cord and resemble the shape of a tail.  The cauda equina nerves are responsible for transmitting the nerve signals between the spinal cord and the lower body which includes the feet, legs and pelvic organs.  The cauda equina plays a crucial role in the sensory and…

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What is Medical Malpractice?

Medical malpractice is a type of personal injury claim.  This type of claim arises when a healthcare provider fails to provide proper care that results in harm or injury to a patient.  An example of a healthcare provider is a doctor or a nurse.  A medical malpractice case can be extremely complex.

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Understaffing Can Increase the Risk of Medical Malpractice

There are many reasons that medical errors occur. One of the errors that may not be obvious at the outset of a medical error is the staffing of the hospital.  A hospital has duty to its patients to adequately staff the hospital.  The failure to adequately staff a hospital can lead to medical malpractice.

 The staff of the hospital is on the front line of medical care.  The medical staff tends to the patient's needs, prepares medical records and administers…

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Medical Malpractice Crisis is a Myth

The medical malpractice crisis in Wisconsin is a myth.  IN 2020, there were only 122 medical malpractice suits filed which is down from 146 suits filed in 2019.  This resulted in a 16.4% decline and is the lowest number of suit filed in a decade.

A patient injured due the negligence of a health care professional faces an uphill climb.  Over time, the lobbyists for doctors have helped place many hurdles in the way of injured patients seeking just compensation.  One…

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A Doctor Can Make a Mistake

Your health and the health of your family are paramount in importance.  Sadly, sometimes we do not get the medical care that we deserve.  A doctor as a professional is held to a standard of care.  When a doctor goes below the standard of care and injures a patient, the doctor can be held responsible.  At Herrick & Hart, we have represented individuals in a wide range of medical malpractice cases.  Some common errors include a missed or wrong diagnosis, delays in…

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Unfavorable Results Start the Investigation for Medical Negligence

A unfavorable result may many times lead to the discovery of medical negligence.  A medical professional is held to a standard of care.  If injury results as a failure to follow the standard of care, a case for medical malpractice may exist.  In order to determine if you have a case for medical malpractice, you will want to seek the advice of  an experienced personal injury attorney  A lawyer can examine the situation and investigate to determine the appropriate…

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Real Estate Appraiser Statute of Limitations

In the recent legislative session, the Wisconsin Legislature created a statute of limitations for real estate appraisers.  Actions against real estate appraisers should be commenced within 5 years or be barred.  This limitation applies to actions against real estate appraisers to recover damages based on tort, contract or other legal theories.  The new limitation is codified under Read the full story. »

Professionals are Held to a Standard of Care

Professional malpractice is malpractice commited by someone who is a professional or holds themselves out to be an expert in a field.  Professional malpractice extends past the medcial field to include dentists, veternarians, psychologists and therapists just to name a few of the fields that are subject to professional malpractice.  Accountants are also subject to professional malpractice.  A bad result is not always the foundation of a professional malpractice claim.  A…

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