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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