Behind Wisconsin’s medical malpractice laws

Oct 07

The laws behind medical malpractice in Wisconsin are discouraging to victims who want to sue on behalf of their own injuries, or on behalf of their loved one who passed away. The first discouraging law is that in order to sue on behalf of a loved one, you either have to be their spouse or their minor child. These two categories are very limiting. Once your child turns 18, they cannot sue on behalf of you for medical malpractice, and you cannot sue on behalf of them. On top of this restricting list of who can sue, there is a monetary cap on noneconomic award someone can receive in court. With the cap at $750,000, it only hurts the severely and fatally injured who deserve more than that, while it gives the less severe the ability to receive the maximum amount.

This monetary cap is the most limiting to the severely injured, like Ascaris Mayo. Mayo checked into the Columbia St. Mary’s Hospital in 2011, complaining of abdominal pain and fever. Her doctor recognized her infection, but instead of informing Mayo of her condition and probable treatment, she was sent home to consult her gynecologist about urinary related infections. As she was home, her condition worsened, and she was rushed to the emergency room, diagnosed with a septic infection. The infection put Mayo in a coma, causing dry gangrene on her limbs, forcing a four-limb amputation upon her.

The Mayos sued on behalf of medical malpractice, receiving plenty of money to cover medical bills and rehabilitation, noneconomic awards, but capping her other awards at $750,00. They further sued on account of this cap being unconstitutional, stating that there is no reason to deprive Mayo of her deserved monetary amount if there was not this cap in place.

Mayo lost all of her limbs. Her quality of life changed drastically due to the error of a doctor and a physician’s assistant. Her husband lost a lot in his wife, a loss of companionship as she is immobile and her mental state will alter drastically as well. The court said that the medical cap placed here would decrease the Mayo’s monetary reward by 95 percent.

While Mayo was awarded her deserved amount in the billions in this case, the Wisconsin medical cap is still in place, which means if you or a loved one is injured in a medical malpractice case, you need an experienced lawyer to help you fight for what you deserve.

Putting all your faith in a doctor is a very trusting action, and when they do you wrong, it is not your fault. Experts say that even more often than you think, “that trust is misplaced.” Medicine is not perfect, and even when doctors try their best, results can vary. However, when a doctor deliberately does not do their job, neglects to inform the patient of results, or the doctor simply does not follow protocol, a lawsuit can take place. Do not be afraid to take legal action against a doctor that wronged you.

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Common Causes of Train Accidents

Jun 11

Trains are efficient modes of transportation. They are both comfortable and fast, which are the two most important factors in mobility. Because of these features, trains are the transportation of choice of many Americans. This also means that many Americans are at risk of train accidents.

The website of the Houston personal injury attorneys of Williams Kherkher mentions that those who have been injured in train accidents may have legal options, such as trying to get compensation and justice from the responsible parties, especially if these parties have been negligent or reckless.

Human Error

Some errors may be legitimate, so the train accident can be understandable. But there are instances where the errors have occurred because of some form of negligence or recklessness. Train accidents that occur because of these kinds of errors are unwarranted. Below are some of the most common unwarranted human errors involving train accidents:

  • Distracted crew
  • Failure to comply to safety procedures and rules
  • Failure to give appropriate orders to crew
  • Failure to properly secure or release brakes
  • Speeding

Mechanical and Road Defects

Sometimes, the crew encounters defects in and around the train. It may be their fault, like when they are not properly maintaining the train during operation, or it may be the fault of someone else, like when the jurisdiction responsible for the train track’s maintenance and construction has failed to do its job properly. Below are some of the most common defects the train crew may encounter:

  • Bolt hole problems, like cracks and fractures
  • Control defects, particularly in switches
  • Detaching or worn rails
  • Malfunctioning train lights and signals
  • Unprotected railroad crossings
  • Unnecessary obstructions on tracks

Pedestrian Negligence

The train crew is not always at fault, because there are times where negligent pedestrians are the ones who trigger train accidents. The most negligent pedestrians are those who are crossing tracks despite alarms and warnings, distracting themselves with mobile devices, and listening to music so loud that they don’t hear oncoming trains.

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What if Your Brain Injury was due to Someone Else’s Careless or Negligent Act?

Mar 31

Brain injury, also known as traumatic brain injury (TBI), is an extremely serious type of personal injury because it directly affects the human brain, which controls everything in our body; thus, anything that would impact the brain and cause a change in the way it functions will also affect the way the whole body operates. This injury is caused by a violent or forceful blow to the head, due to a fall (head first), a sports accident, an explosion, violence or a car accident. According to the Centers for Disease Control and Prevention (CDC), more than one million people in the U.S. are treated for brain injuries every year; despite treatment, still more than 50,000 eventually die.

When a person’s head is dealt with a violent blow or a sudden jolt, this can make the brain collide with the skull’s internal wall and severely harm the brain, resulting to torn nerve fibers or bruising and/or bleeding of the brain which, in turn, can lead to intracranial injury, which is more commonly known as traumatic brain injury (TBI).

The severity of a traumatic brain injury depends on the part of the brain that is affected and whether the injured area is widespread or only a specific part. For purposes of classification, however, severity is identified as mild, moderate or severe. While mild TBI patients may only experience temporary headaches and confusion, a severe case can lead to amnesia, coma, disability, unconsciousness or even death.

Sometimes, it takes weeks before signs and symptoms of TBI appear. Some of these signs and symptoms include: persistent headaches or neck pain; slowed reading, thinking, acting, or speaking; changes in sleep pattern; loss of sense of taste or smell; and, dizziness and moodiness. If, after suffering a violent blow to the head, though, a person begins to vomit repeatedly, or experience convulsions, numbness or weakness in the legs, arms, hands or feet, or slurred speech, then he/she should be taken to the hospital to be checked and given proper treatment.

Though car accident, which is often due to drivers committing errors or acting negligently, is the major cause of TBI, carelessness and negligence remain as the top factors in other accidents that can result to TBI. Due to this, the Amerio Law Firm says, “It is important that you understand what your legal rights are, and determine whether you may be eligible for compensation, as a result of your injuries due the negligence of someone else.

A personal injury claim or lawsuit may help you obtain compensation for economic, as well as non-economic, damages. These damages include covering expenses for past and future medical care, physical therapy, and even lost wages from time taken from work for your recovery. Damages can also include compensation for pain and suffering, and emotional distress. Personal injury lawyers know and understand that no financial gain can undo your traumatic experience. However, legal action can certainly help relieve financial burdens and hopefully help you and your family obtain the justice and closure you deserve.”

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Common Fatal Driving Mistakes

Jan 27

Many fatal car accidents are caused by human error. We are only human and we do make mistakes, but that is not an excuse. Some mistakes are easily prevented by following safety procedures and regulations. Being reckless and negligent while on traffic cause injury or even death, and according to the website of the Fort Walton Beach car accident lawyer at the Bruner Law Firm, it is a legitimate ground to an auto accident lawsuit.
Here are some of the most common driving mistakes that you can avoid through diligence.
Distracted driving
Anything that puts your eyes on the road, hands on the wheel, and mind on the act of driving and potential foreign stimulus, is very dangerous. The most common eye issue is the use of GPS and mobile phones. The most common instance of putting your hand off the road is when you grab food. You should also not underestimate being zoned-out, like thinking of other things while driving.
Driving under the influence of alcohol or drugs
Alcohol, drugs, and other substances that can impair your comprehension and coordination skills are very dangerous, as comprehension and coordination are vital parts of safe driving. This recklessness does not just put you in danger, but also the others around you who may be involved in a chain reaction accident because of your lack of comprehension and coordination on the road.
Reckless driving
Tailgating, speeding, swerving, and wrong-way driving are some of the most common forms of reckless driving. These things generally involve the reduction of reaction times. If you are tailgating another vehicle, speeding through the road, swerving through lanes, you are giving yourself and the others around you very limited time to react to your reckless tendencies, potentially triggering a traffic accident. What makes this worse is the fact that innocent motorists around you may be involved.
Unsafe driving practices
Even the way you drive may make you vulnerable to accidents. The improper use of lights, mirrors, seatbelts, signal lights, are some of the most common driving practices that result into car accidents and injuries. Not following traffic rules, such as running through red lights and speeding through yellow lights, also put the others around you in danger.
The road is a potentially dangerous place, because of how fast vehicles can go and how little reaction time you have in case of unexpected scenarios. So let us make the road an easier place to deal with by driving safely.

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Home Modifications for Better Elder Care

Oct 18

Because of the rising numbers of nursing home abuse claims, as explained in the website of Hach & Rose, LLP, many families have resorted to alternative methods of taking care of their aging relatives. Aside from elder day cares and respite houses, another option is having home renovations. With proper planning and execution, home renovations can help the older occupants perform regular daily activities with ease and comfort on their own or with very little assistance.

Home renovations make way for spare modifications specifically designed for the older resident on order for them to live safely, independently, and effortlessly even with their physical disadvantages. The first step for the necessary home renovations is to assess the home in order to determine what changes are needed. There are generally three things that should be considered when making home renovations for better elderly care: accessibility, safety, and adaptability.

Safety is the main priority for home renovations. An accident lawyer can help represent the injured victim should they hurt themselves due to a negligent third-party, but those that occur at home can be hard to get compensation for. Therefore, consulting with occupational therapists and Certified Aging-in-Place Specialists (CAPS) can provide more insight on the daily struggles that the elderly face in their everyday activities. Occupational therapist can specify hazards that the older resident can face, and identify the various approaches of making it a more user-friendly home. CAPS, on the other hand, are trained by the National Association of Home Builders together with AARP to help aging residents stay at their home longer.

Through these specific modifications, accidents and injury can be prevented. Furthermore, the internet offers a choice of checklist that can be downloaded to aid in knowing essential modifications and hiring specialists can guide you through the whole process. The majority of the aging population prefers a stay-at-home option, aging in place rather than spend time and money in a retirement home or nursing homes. Home renovations or modifications make the older resident’s life safer and easier.

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Uninsured and Underinsured Motorist Coverage

Jul 21

For U.S. drivers to be able to renew their driver’s license and car registration, they will have to prove that they carry auto liability insurance. Besides these, having coverage will also keep their license from being suspended, their driving privilege from being taken away, and the drivers themselves from being issued a traffic ticket for violation of their state’s mandatory insurance law. Getting involved in a car accident, however, which happens to be an uninsured driver’s fault, can result in big financial trouble for them.

To make sure that drivers are fully protected, especially from uninsured drives, some states require them to also carry either or both the Uninsured motorist (UM) coverage and Underinsured motorist (UIM) coverage. Uninsured motorist coverage is designed to cover the economic losses and damages suffered by victims in accidents wherein the at-fault driver does not carry insurance. This coverage also serves as a perfect financial safety net in the event of hit-and-run accidents, as well as in accidents wherein a stolen vehicle is involved.

Underinsured motorist coverage, on the other hand, is designed as a supplement for any insufficiency in the policy limit of an at-fault driver. This is usually the case if the at-fault driver carries only the minimum liability coverage required in his or her state. This makes the amount of his or her policy not enough to cover the full amount of damages suffered by the victim.

The mandated auto liability insurance, with the addition of UM and UIM, plus the many other factors considered by insurance providers, such as a driver’s age, driving history, driving experience, and type of car used, make insurance policies just too expensive for millions of drivers. It is because of this that many drivers rather risk driving uninsured than pay costly premiums.

According to Abel Law Firm, however, not carrying auto insurance can be more disadvantageous for a driver, especially if he or she causes an accident. Insure on the Spot is one of the many independent car insurance firms which offer clients free online insurance quotes which will help them compare different insurance deals for the purpose of finding the best, yet cheapest, policy. With help from an independent car insurance firm, getting insured is not only cheap; it is also fast and definitely easy.

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Rear End Collision

Mar 16

Two individuals lost their lives last Tuesday, March 1 at around 4:35 p.m. during a rear-end collision that happened between a 1997 Chrysler van and a 2007 Toyota Tundra on State Road 50 near Christmas, Florida.

According to the website of Schuler, Halvorson, Weisser, Zoeller, & Overbeck, P.A., a rear end collision is a classic case of one driver being at fault for the accident that ensued. Unless the driver of the rear ending vehicle was at a complete stop when the accident happened, the fault of the accident will lie with said driver.

Motorists on the road must always be on guard for any eventuality; they have to be aware of the fact that the vehicle preceding them may suddenly stop for a myriad of reasons – the driver may be trying to avoid an animal or have encountered some humps that are difficult to maneuver, or maybe he/she is trying to read street signs as he/she is trying to find a location.

This is why it’s also important to leave manageable distance between you and the vehicle in front of you, to do away with the risk of rear end collisions.

Even rear end collisions, which can be considered as low-speed accidents, can cause major injuries to the body. Research studies from Dynamic Chiropractic shows that 85% of all neck injuries in the United States have been caused by automobile accidents and that 85% of those injuries result from rear end collisions. Factors that can contribute to how serious a rear end collision might be include speed differential of the vehicles involved, location and direction of impact, head restraint location, seat back angle, and seat back height.

The study further stated that 10% of the people injured in a rear end collision will develop whiplash, which is a condition that can be described as damage to the muscle or tendons of the neck, causing bands of tissue that connect muscles to the bones to break.

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Distracted Driving: Still a Cause of Thousands of Injurious and Fatal Car Accidents

Oct 24

According to a website, called DISTRACTION.GOV: Official US Government Website for Distracted Driving, the average time that a person takes his/her eyes off the road while texting is five seconds; at 55 miles per hour, a person can also drive through a football field at this same length of time.

Texting and conversing with someone while driving, is considered the worst and most dangerous form of distracted driving, which is any form of activity that would turn a person’s attention away from driving. According to the National Safety Council, as many as 1.6 million car crashes, due to cell phone use while driving, occur on US roads and highways annually. Records from the Centers for Disease Control and Prevention (CDC), on the other hand, show of 1,153 injuries and 9 deaths every day due to the same cause. But while those guilty of the act of using a cell phone while driving include drivers of all ages, majority of them are found to be young drivers, aged between 18 and 20, who confessed to have been texting someone at the time of the crash.

Distracted driving, though, is not limited to cell phone use. There are a hundred other forms of distractions that take drivers’ eyes and attention off the road, most of these being typical behavior while behind the wheel, thus, they are often overlooked. These include eating and/or drinking, talking to a passenger, adjusting the car radio or an electronic gadget, reading a map, lighting a cigarette, grooming, reaching for something from the back seat, turning the radio to full volume, and so forth.

Yvonne M. Fraser explains in her website the right of those injured in an accident, giving emphasis on crashes that occur due to the negligent act of another driver, who is liable for the accident and the injuries sustained by the victim. Besides a lawsuit that will bring the at-fault driver to justice, Yvonne also mentions the right of victims to seek compensation for all the present and future damages the injuries will cause them.

Any form of distraction while driving puts others’ lives at risk; but what is really scary about this cause of road accident is that unlike drunk-driving, reckless driving and overspeeding – mistakes that not all drivers would commit, everyone, even the most careful drivers, can be guilty of distracted driving.

You would ever want to have your life be put at risk of an accident simply because a driver would allow himself/herself to be occupied with something else while behind the wheel. In like manner, no one would ever want to have his or her life be put at risk of an accident by you simply because you allow yourself to be occupied with something else while driving.

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How to Lessen the Risk of Endometrial Cancer

Jun 11

There many factors as to why a person can get cancer but, more often enough, there is no stopping insidious cancer from developing, especially if you are high at risk. There are some ways, fortunately enough, to reduce the risk of getting certain types of cancer.

For example, endometrial cancer is a cancer that starts in the inner lining of a woman’s uterus (also known as her womb). The womb is a relatively small part of a female body that is about the size of a pear. It is hollow in nature as it is meant to be where a fetus will develop upon impregnation. A woman’s period of ovulation or during her menstrual cycle, her hormones rapidly change and affect the endometrium – the inner lining of the womb.

If the cancer starts within the endometrium, the procedures required for cancerous tumors as well as general cancer treatment are numerous and stressful in nature. There are numerous factors to can directly affect the risk a woman has of getting this kind of cancer such as her age, diabetes, her regular diet and exercise plan, personal history of cancer or cancer within the family, or even the presence of an intrauterine device from a previous procedure.

There has been sufficient evidence that states that the use of a morcellator, specifically of the kind developed by Johnson & Johnson, has been directly linked to having caused endometrial cancer. Three morcellators from the aforementioned manufacturer – Morellex Sigma, Gynecare Morellex, and Gynecare X-Tract – were recalled by the company after enough evidence was presented of the possibly malignant effects it has on its patients.

Cancer is never something that is easy to deal with and it is extremely unfortunate when it happens as a result of something that should have helped. If you or someone you know has developed endometrial cancer due to a morcellator, it is recommended that legal help and representation are sought immediately.

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Aggravating Factors in First Degree Murders

Mar 10

In California when first degree murder is committed, repercussions can include 25 years to life in prison, life in prison without parole, fines, loss of rights, or the death penalty. While California does not execute the death penalty as swiftly as possible, there is still framework that can decide the extent of punishment. Aggravating factors of the crime are a list of factors whose outcome can tip the scale of a judge’s decision.

Defendants should have professional help to maintain their rights throughout this process. When accused of a first degree murder and going through trial, it can often be difficult to prevent rights from being stripped or tampered with. While these aggravated factors are considered, regardless of their outcome, constitutional rights should be protected.

They come in place once an act has been declared a first degree murder. To qualify, there must have been a premeditation or use of explosives, weapons of mass destruction, poison, rape, arson, and others.

While aggravating factors differ from state to state, California has 13 to determine severity of the murder. Several listed are: “the murder was especially heinous, atrocious, cruel, or depraved (or involved torture),” “the defendant committed or attempted to commit more than one murder at the same time,” and “the defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony.” While these are only three of the 13, they capture the ideas that the factors embody.

The result of these factors has a direct impact on the life of the defendant. However, they do not have to face the trial alone. Regardless of any outcomes, rights should be protected throughout the process, often with the help of a Nashville criminal defense lawyer.

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