End, Hierseman & Crain, LLC End, Hierseman & Crain LLC 2025-04-15T06:50:15Z https://www.ehclaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1302545/2020/05/cropped-ehc-fav-icon-32x32.jpg On Behalf of End, Hierseman & Crain, LLC <![CDATA[Medical malpractice definition and damages]]> https://www.ehclaw.com/?p=47308 2022-01-20T12:07:51Z 2021-11-03T14:52:54Z What is medical malpractice? A claim of medical malpractice must show that:
  1. The patient received substandard medical care
  2. Negligence occurred as a result of the substandard care, resulting in injury or harm
  3. The injury or harm caused significant damage — physical, financial, or emotional
Common assertions of negligence include making an error in diagnosis, not recognizing symptoms, not ordering appropriate tests, not properly interpreting or using test results, performing unnecessary procedures, making errors in surgery or at births, and prescribing wrong drugs or wrong doses.

What kinds of damages are available in medical malpractice trials?

Most medical malpractice cases settle short of trial. However, the defending healthcare professional must usually approve any settlement, and for various reasons, including his belief that he did not commit malpractice, he may insist on going to trial. Compensatory damages may include past and future medical costs, care costs, and other economic damages, such as lost earnings. This award may also include recompense for the damage caused to the patient by the injury itself, such as having to live in intense pain or having lost his ability to see. Punitive damages are not normally awarded in medical malpractice cases. Exceptions occur if the guilty party intentionally caused harm or was exceedingly reckless. In cases where health professionals provide substandard care resulting in injury to patients, medical malpractice claims can offer a remedy.]]> On Behalf of End, Hierseman & Crain, LLC <![CDATA[Helpful tips for coping with a wrongful death]]> https://www.ehclaw.com/?p=47285 2022-01-20T12:07:58Z 2021-09-02T16:57:06Z grieving process is different for everyone. Here are some tips to help you cope with the wrongful death of a loved one.

Find a support system

While you grieve, it is important to lean on the people in your life who can support you. You likely have family or friends who are also in mourning that you can relate to. You may want to attend a local or virtual support group for people who have experienced similar losses. Knowing you are not alone can help you manage your grief in a healthy way.

Prioritize your health

Often, wrongful deaths happen unexpectedly, leaving the surviving family members scrambling to manage. In the turmoil, you should not forget to eat a wholesome diet, exercise regularly and get plenty of rest. Keeping yourself healthy will give you the strength you need to process your loss.

Go easy on yourself

You will have good days and bad days, and you may experience a range of emotions, including sadness, anger or confusion. It can take time to find your new normal. Instead of judging yourself for your ups and downs, focus instead on moving forward at your own pace. After a wrongful death, you will likely want to find closure. You may have options to hold the negligent parties responsible for their actions.]]> On Behalf of End, Hierseman & Crain, LLC <![CDATA[These five red flags could indicate medical malpractice]]> https://www.ehclaw.com/?p=47282 2022-01-20T12:08:03Z 2021-09-02T16:55:21Z As a patient, you should be alert for signs of potential medical malpractice. Here are five red flags that you are not receiving the care you deserve.

1. Poor communication

Your doctor has a responsibility to communicate with you about your treatment, including alerting you to potential risks. Without vital information, you can not make an educated decision about your care. If your doctor is failing to properly inform you, you have reason to worry.

2. Disregarded symptoms

You know your body better than anyone, so you expect your doctor to take your symptoms seriously. Unfortunately, too many medical professionals will wave off symptoms as unimportant.

3. Worsening condition

After treatment, you can usually expect to get better. If your condition unexpectedly worsens instead, this may be a sign of a misdiagnosis or improper medical care.

4. Lack of testing

Testing is often an important part of evaluating your health and determining the right course of action. If your doctor fails to order necessary tests, he or she may misdiagnose your illness or recommend the wrong treatment.

5. Rushed visits

Medical professionals should give you sufficient attention to ensure they can properly evaluate your needs. A rushed visit could be a sign that your doctor is not devoting enough time to your case. If you notice anything that makes you uneasy about your care, document the problem and seek a second opinion. Your diligence could prevent potentially harmful medical treatment.]]> On Behalf of End, Hierseman & Crain, LLC <![CDATA[How to be a better advocate for yourself at the doctor’s office]]> https://www.ehclaw.com/?p=47279 2022-01-20T12:08:10Z 2021-08-30T15:50:41Z Be honest As many as 80% of patients have lied to or withheld information from their doctors, Healthline reports. Your physician can better evaluate your health when he or she has all the important details. Try not to let fear or embarrassment keep you from receiving quality care.

Ask questions

The medical professionals who treat you have a responsibility to ensure you are fully informed. When you feel confused about a diagnosis or treatment, make sure to get answers. You are not limited to asking questions at the doctor’s office. If you have concerns later, you can contact your care provider or pharmacist for guidance.

Seek a second opinion

You are not limited to a single physician’s advice. If you have concerns about a diagnosis or course of treatment, do not hesitate to get another opinion.

Keep records

You may not want to rely on medical professionals to keep accurate records. Instead, you should document your symptoms, medications and visits yourself.

Be assertive

If you have ever felt rushed or ignored in a doctor’s office, you understand how frustrating it is. It is important to be assertive in these situations and make sure your doctor is really listening to you. If something feels wrong with your medical care, make sure to document the issue and consider finding another physician. Part of being your own advocate is finding care that you are comfortable with.]]> On Behalf of End, Hierseman & Crain, LLC <![CDATA[Are day surgery centers risky?]]> https://www.ehclaw.com/?p=47276 2022-01-20T12:08:16Z 2021-08-19T22:28:25Z Emergencies happen Complications can happen at any time after a procedure. However, surgery-related emergencies are more likely to occur in the hours after surgery. When you have a longer stay in the hospital after your surgery, you are surrounded by people who can give you the type of care you need within minutes or seconds. One risk of outpatient surgery is that it can take significant time to get back to your healthcare team after discharge. Instead of a call button near your bed, you may have to rely on 911 and EMTs to support your emergency.

Risks during surgery

A day surgery center can save money by only having the specific staff for the type of work they perform, rather than the full staff of a hospital. Most of the time, through careful selection and preparation, the facility can safely accommodate a range of patients for day surgery. In some cases, there can be complications during surgery unrelated to the initial condition or emergencies outside the skillset of the healthcare team. These situations leave the facility’s staff overwhelmed and underprepared. You may need to be transported to a different facility for more advanced specialized care in these situations. Before you have outpatient surgery, it is essential to talk to your healthcare team about the complications that could follow your procedure and when to seek advanced care.]]> On Behalf of End, Hierseman & Crain, LLC <![CDATA[Many childbirth injuries are preventable]]> https://www.ehclaw.com/?p=47079 2022-01-20T12:08:21Z 2020-10-15T23:35:40Z stroke strikes down the mother. Some childbirth injuries occur in uncontrollable situations, while others are caused by the negligence of the delivery team of physicians, nurses and support staff.

Coping with a childbirth injury

You longed for the birth of a healthy baby and that you as the mother came through the delivery without any difficulties. But it did not happen. Now, you discover that many childbirth injuries are preventable. Among the common childbirth injuries that can strike the infant and mother include:
  • Oxygen deprivation can lead to serious brain injury to the infant. The result could be raising a child with cerebral palsy or one with recurring seizures.
  • The infant sustaining fractures often caused by a physician who pulled excessively hard in delivery. The mother can experience pelvic fractures.
  • Severe nerve damage to the infant. Such an injury may limit the mobility of the infant’s arms and hands as well as cause facial paralysis.
  • Blood clots leading to strokes, internal organ damage and heart attacks to the mother.
  • Brain hemorrhages occurring to the mother.
  • Severe vaginal tears and urinary continence to the mother.
Many childbirths occur without any problems. Sadly, some do occur with severe complications. The result is that some families now must raise a child with severe physical and developmental disabilities. In many cases, the injuries experienced by the infant or mother were preventable.]]> On Behalf of End, Hierseman & Crain, LLC <![CDATA[Could artificial intelligence help reduce medical errors?]]> https://www.ehclaw.com/?p=47077 2022-01-20T12:08:27Z 2020-09-29T21:03:51Z “ambient intelligence” can help improve patient outcomes. Some forms of ambient intelligence are already being used in “smart” homes and cars. In a medical setting, ambient intelligence can have a variety of applications. For example, it can alert the staff if a visitor or an employee failed to wash their hands when entering or exiting a patient’s room. It can also send an alert when life-saving measures are necessary. The number of bedside interactions required for a patient can be astronomical. By one count, clinician’s in a hospital’s neonatal intensive care unit engaged in 600 patient interactions, per bed, per day. With so many interactions and the fact that even the most conscientious person can make mistakes, any form of assistance to reduce medical errors would be more than welcome. Of course, we are a long way from perfecting this type of technology. Instances of medical malpractice still occur and still pose a real risk to all types of patients. When a person suffers serious harm due to malpractice, they may need substantial compensation to help them live their lives. A skilled legal professional can help determine your options if you have a malpractice claim.]]> On Behalf of End, Hierseman & Crain, LLC <![CDATA[What you should know about filing a wrongful death lawsuit in Wisconsin]]> https://www.ehclaw.com/?p=47073 2022-01-20T12:08:32Z 2020-09-29T18:37:50Z wrongful death is different than other forms of personal injury litigation in a couple of ways.

Statute of limitations

For one thing, the time limit you have to file suit could be shorter than usual. Every personal injury action in Wisconsin has a time limit attached called the "statute of limitations." For most claims, the statute of limitations is three years from the date the injury occurred or was discovered. However, for wrongful death claims arising from a motor vehicle accident, the statute of limitations is just two years. If your family waits too long to file a lawsuit, it could be too late. No matter how strong your claim is, the judge will have to dismiss it for missing the deadline.

Who can sue for wrongful death?

In most personal injury cases, the person filing the lawsuit is the one who suffered the injuries that the defendant allegedly caused. Tragically, this is impossible in wrongful death litigation. Instead, someone has to stand in the deceased's place. In Wisconsin, only the personal representative of the deceased's estate has the standing to sue for wrongful death. Most of the time, this is the deceased's spouse or one of their parents or children. Getting compensated after a wrongful death requires careful planning. You would not want your claim to be defeated on technical grounds. To get a fair chance, you should contact a personal injury attorney as soon as possible.]]> On Behalf of End, Hierseman & Crain, LLC <![CDATA[How to recover from hospital injuries]]> https://www.ehclaw.com/?p=47071 2022-01-20T12:08:37Z 2020-09-29T18:14:13Z Hospitals are the safe haven we depend on in times of illness or emergency. We go to hospitals in our most vulnerable times for expert care and treatment that we need to recover from what is ailing us. While hospitals do so much good for us, what happens to us when we suffer an injury while we are staying at a hospital? Hospital injuries are more common than most people expect. In fact, more than 400,000 people receive injuries in a hospital every year. The first step in recovering from a hospital injury is to identify what these injuries are.

Examples of injuries

There are many ways someone can suffer a hospital injury while they are seeking treatment for something else. Common examples of these injuries include:
  • Burns
  • Infections
  • Broken bones
  • Bedsores
  • Dislocated joints
If the medical staff allows a situation that results in a patient to suffer an injury, a patient should seek to hold the responsible party accountable for their actions.

The first step in recovery

If you believe you were the victim of a hospital injury, it is critical that you consult with a lawyer immediately. An experienced personal injury attorney can help you review your situation and determine if you suffered a hospital injury. The consequences of a hospital injury can last a lifetime, so it is crucial you pursue compensation that If there is a possible claim, the attorney will be able to pursue fair compensation for their current and future costs of the injury you sustained. Do not let the hospital convince you that you did not suffer an injury. If you suspect that you were the victim of an injury while staying at a hospital, look into what you can do to defend your best interests.]]> On Behalf of End, Hierseman & Crain, LLC <![CDATA[5 signs your doctor may have misdiagnosed your illness]]> https://www.ehclaw.com/?p=47064 2022-01-20T12:08:43Z 2020-07-09T14:14:35Z Reasons to wonder if your doctor committed malpractice Medicine is very complex, and scrupulous, dedicated physicians don't always get it right the first time. However, many missed diagnoses that happen in the Milwaukee area are the result of negligence by the doctor. Here are five signs you might have been the victim of negligent failure to diagnose your illness:
  1. The doctor rushed through the exam, or failed to gather enough information about your medical and family histories
  2. The doctor failed to order necessary tests that could have helped them accurately diagnose you
  3. The medication your doctor prescribed is not working
  4. Your condition has similar symptoms to several other diseases
  5. You got a second opinion from another physician who gave you a much different diagnosis that turned out to be accurate
These experiences do not guarantee that your doctor committed medical malpractice, but they do suggest that they might not have given your case their full attention. Doctors can be very busy, and sometimes they rush through an exam. However, you should expect your doctor to give you the level of due care to which you are legally entitled. Because if your doctor does not provide it, they are much more likely to commit medical malpractice against you.

Why it matters if your illness is misdiagnosed

As a patient, being misdiagnosed is more than an annoyance or a waste of time. For serious illnesses like cancer or heart disease, the delay in getting an accurate diagnosis and useful treatment can be fatal. Even if you do survive, you likely suffered unnecessary pain, weakness and other symptoms that could have been avoided had your doctor diagnosed you correctly the first time.]]>