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Three Wisconsin Dog Bite Laws Affecting Your Injury Claim

Milwaukee Personal Injury Attorneys on Statute 172.02, Contributory Negligence and the Statute of Limitations


If you’ve been bitten by a dog, you have a right to be compensated for your injury. In most cases involving dog bites, a claim is filed with the dog owner’s insurance company to recover for damages. Claims of this sort are usually settled out of court, although insurance companies often drag their feet on settling up with the claimant and will even look for any excuse to deny payment. When this happens, you need an experienced attorney to represent you.

About Accepting Reimbursement from the Dog’s Owner

While most dog owners are genuinely concerned about injuries caused by their dogs and will offer to cover your medical expenses, accepting their offer may not be the best idea. Even well-meaning dog owners may suddenly renege on reimbursement once they see the bill. They may also not be receptive to paying for any wages you were unable to earn while dealing with your injury.

It’s also possible the dog owner has a hidden agenda in offering restitution. If the dog has a history of attacks, the dog’s owner can be liable for twice the damages. So, there’s ample motivation for the dog owner to try to settle with you directly.

If the dog is a repeat offender, there’s a good chance it will happen again—and the dog owner will again offer the victim full restitution. How many times will this scenario play out before the dog owner gets the message his dog needs to be better restrained?

Best advice: Don’t agree to any settlement offer from the dog’s owner without first consulting an attorney.

First Steps after a Crash: Acting Responsibly in Accordance with Wisconsin Law

Wisconsin law on car accidents

Your Responsibilities after a Car Accident under State Law

Under Wisconsin law, drivers involved in an accident have certain duties and responsibilities. Any driver involved in the accident is required to:

  1. Stop at (or as close as possible to) the scene of the accident
  2. Render reasonable assistance to anyone injured in the accident, including arrangements for transportation to a hospital if necessary
  3. Call the police and report the accident
  4. Remain at the accident scene and give their name, address, vehicle registration (and upon request show driver’s license) to the other driver and passengers involved

If a law enforcement officer completes a Wisconsin motor vehicle accident report, you do NOT need to file a driver report of accident with the Department of Transportation.

If the at-fault driver fails to stop after a car accident they can be charged with hit-and-run, and you may be able to pursue punitive damages in your personal injury lawsuit.

Get more information on reporting a hit and run accident now.

How to Protect Your Case after a Car Crash

Failure to preserve evidence after being injured in a car accident can hurt your claim.

You can help your car accident claim by doing the following (if your injuries allow it):

  • Take pictures of the accident scene (including signage & road conditions) and vehicle damage
  • Contact your insurance company, notify them of the accident, and request claim form
  • Never admit fault when speaking to anyone at the scene or on the phone
  • Obtain contact information from any witnesses or bystanders
  • Record the name and badge number of the police officer to obtain the crash report
  • Consult a Milwaukee personal injury lawyer to discuss your case and your legal rights.

Getting injured in a car accident can be extremely stressful, but it’s important to stay calm. Your words, your actions, and the evidence you collect are critical and can have a big impact on your car accident lawsuit.

Know When to Call a Lawyer

In the aftermath of a car accident calling a lawyer can mean the difference between walking away unscathed and being left on the side of the road. Call a lawyer right away if:

Warshafsky Law employs a full legal investigation team to make sure no detail of your car accident is overlooked. Our car crash investigators will examine your case from every angle to determine total liability. Warshafsky car accident investigators have turned a $750,000 settlment into a $3.9 Mil victory. Warshafsky Law will review your case for free, and there is never any fee until you receive compensation for your injuries. Don’t delay—the longer you wait, the greater the odds of crucial evidence fading!

Statute of Limitations for Wisconsin Car Accident Lawsuits

Wisonsin car accident law

Whether you have a personal injury claim, a vehicle damage claim, or both, Wisconsin law sets a time limit of three years on your right to file a lawsuit. Time is measured from the date of the accident or the discovery of the injury.

If someone caused a car accident resulting in the death of your loved one, you have two years to file a wrongful death lawsuit, but in this case the time is measured from the date of death. Learn more about Wisconsin car accident death statistics.

Understanding how the statute of limitations applies to your Wisconsin car accident lawsuit is crucial. If the deadline has passed, your case will likely be dismissed. Even if you believe your auto wreck claim will be resolved with an insurance settlement, you should talk to an experienced personal injury attorney about your case.

Knowing the true value of your claim and keeping your option to file a lawsuit open, with plenty of time to do so, will provide more leverage to settlement negotiations. The best way to make sure your rights are protected is with a free consultation with a Milwaukee personal injury lawyer at Warshafsky Law. Insurance companies know we prepare every case to win at trial, and our reputation for winning record judgements means higher cash settlements for our clients.

Your Right to Compensation Depends on Proving Fault

Wisconsin tort law allows an injured individual to seek financial compensation for injuries. A tort is a wrongful act resulting in injury to another person. All torts involve:

  • Breach of duty: drivers owe a duty to motorists, passengers, and pedestrians to operate their vehicle with care
  • Injury: the victim suffered actual injuries or was killed as a result of the actions of the liable party
  • Cause: the unreasonable or unsafe action of the liable party directly caused injuries or death of another

When a car accident happens in Wisconsin, an injured person has the right to claim damages from the person who caused the accident. However, determining liability is not always straightforward. The injured person must prove the other person was directly responsible for the injuries.

Shared Fault Law in Wisconsin

Wisconsin car insurance lawsWisconsin operates under modified comparative fault law, also known as shared fault law. This means each person involved in a car accident can be held responsible for part of the liability. If the injured person shares any portion of the liability, their claim value will be reduced by the same percentage.

For example, if the injured person is found to be 25% at fault, the damages recovered will be reduced by 25%.

In order to recover damages for your injuries in a Wisconsin car accident lawsuit, you must prove the other driver is at least 50% at fault.

Investigating the accident, determining the full scope of liability, and figuring out the true value of your claim within the legal timeframe can be daunting. The legal team at Warshafsky includes professional accident investigators who find things others miss. Our aggressive personal injury lawyers prepare each and every case to win at trial, and won’t settle until maximum possible compensation is achieved for your claim.

Damages Available to Wisconsin Car Accident Victims

There are different types of damages victims of Wisconsin car accidents may be eligible to claim in a personal injury lawsuit. Wisconsin drivers can even sue for pain and suffering caused by an accident. Compensatory damages are awarded to the injured in order to help make them whole again and are made up of general and specific damages. Punitive damages apply in cases where intent can be proved.

Milwaukee car accident claim

Specific Damages

Specific damages are generally straightforward and include medical expenses, damage to property, rental car costs and lost wages. A lawyer can help you prove the true value of lost earnings or lost earning capacity by working with experts to calculate the present value of future lost income.

General Damages

General damages refer to suffering such as emotional and physical pain, loss of enjoyment, and disability. An experienced personal injury attorney at Warshafsky law will thoroughly examine your circumstances and determine the maximum amount of general damages you are entitled to.

Punitive Damages

Punitive damages seek to punish the conduct of an extremely reckless driver and are rarely awarded in Wisconsin. In certain circumstances, however, a jury may find the defendant’s behavior reprehensible and willful enough to merit punitive damages.

Common Car Accident Injuries

Depending on the severity of the accident, you and any injured passengers could be facing expensive treatments, surgeries, and other recovery costs. Medical expenses can rack up at a frightening pace for injuries like:

It IS About The Money.®

Unlike settlement-mill law firms who churn through large numbers of cases, Warshafsky personal injury attorneys prepare each case to win at trial from day one.

If you suffered personal injuries in a car accident caused by someone else, a Milwaukee personal injury lawyer can help you hold the responsible person accountable and make sure you receive the total compensation you need and deserve.

Warshafsky Law understands you’re already dealing with physical and financial hardship after a car accident. Every case is no win, no fee, and we fully fund every case until compensation is awarded.

Get more information on reporting a car accident now.

Different Rules for Car Accident Claims against Government Entities

Government liability in Wisconsin car accidents has its own set of rules. If your car accident was caused by a government vehicle or employee, different laws apply to your personal injury lawsuit.

Examples of traffic accidents where government liability is a factor:

  • The accident involved a bus or truck owned and operated by a government agency
  • A government employee acting in an official capacity while driving a government-owned vehicle caused the crashWisconsin law car accidents
  • Dangerous highway conditions, roadside hazards, or a poorly marked construction zone had a role in the accident

Sovereign immunity is a legal concept which protects government agencies and employees from much liability, but federal and state governments have laws in place to waive such immunity.

Due to the conditions of this waiver, government bodies have strict procedural rules for personal injury lawsuits filed against them. Failure to follow them precisely means you can lose your right to claim damages.

When filing a claim against the state government in Wisconsin, the following rules apply:

  • You must send a written notice by certified mail, notifying the attorney general of your claim within 120 days
  • The notice must include a detailed description of the facts, circumstances, injuries, and names of the government employee(s) involved, and the total damages you are seeking
  • Total damages are limited to $250,000 and punitive damages are not an option

Claims against municipal governments such as the City of Milwaukee have similar rules and a cap of $50,000 on total damages. The government will investigate your claim and decide to pay it or deny it. If denied, you may file a lawsuit in court within three years of the date of denial.

Filing a suit against any government agency is no small feat. A Wisconsin car accident lawyer can help you start the process and jump through the necessary hoops to help you claim damages under these special laws. Warshafsky Law has the experience, resources, and determination to fight for your case, even against a government agency.

Wisconsin’s Car Insurance Laws Affect How Claims Are Handled

In Wisconsin, the safety responsibility (SR) law states drivers must have the means to cover costs resulting from a car wreck they cause.

Wisconsin’s auto insurance laws require three specific types of coverage: liability, underinsured motorist, and uninsured motorist.

For the at-fault driver in a traffic accident, liability car insurance covers costs from injuries and property damage. Minimum liability coverage under Wisconsin law is:

  • $25,000 for bodily injury or death per person
  • $50,000 total for injury or death per accident
  • $10,000 in property damage

Underinsured and uninsured motorist coverage helps pay for damages when you’re injured in a car accident caused by someone who does not have enough car insurance or none at all.

Minimum underinsured/uninsured driver coverage for Wisconsin car insurance policies is $25,000 for injuries per person, and $50,000 for the total injuries suffered in the accident.

Penalties for Uninsured Motorists in Wisconsin

Car accident no insurance

Drivers must be able to show proof of car insurance if they are involved in an accident or pulled over. If you are caught without any insurance you can be fined up to $500, and if you have insurance but can’t provide proof when requested by a law officer you can be fined up to $10.

If an uninsured driver is at fault in a crash, their driving and registration privileges will be suspended until they obtain an SR22 certificate (proving insurance coverage) and pay reinstatement fees.

Claims against Uninsured Drivers

If you are injured in an accident caused by an uninsured driver, your own uninsured motorist insurance kicks in. You can collect damages for injuries up to the limit of your policy. This coverage also applies to hit-and-run accidents where you are not at fault.

Getting the maximum compensation you deserve after a car accident can be challenging. It’s not in the insurance company’s best interest to make it easy for policyholders to collect the full amount of damages they are entitled to.

Warshafsky Law is the personal injury law firm Milwaukee drivers turn to when they need a powerful ally against the tricks and tactics insurance lawyers use to delay or deny a claim. Call now for a FREE consultation and find out how an experienced personal injury attorney can help YOUR bottom line.

Milwaukee’s Toughest Car Accident Lawyers Protect Victims’ Rights

Being injured in a car accident can be a frightening and confusing experience, more so when you realize how many legalities are involved in collecting the damages you need and deserve.

Insurance companies may offer what they tell you is a fair settlement, but never doubt their main concern is saving money for their business. The experienced personal injury attorneys at Warshafsky Law know how insurers operate, and will use every means necessary to secure maximum compensation for your car accident claim.

Don’t trust your case to just any personal injury attorney—many work for settlement mills content to negotiate with insurers in order to settle quickly and collect a fee with minimum delay. Warshafsky’s aggressive lawyers won’t stop fighting for your case until a fair settlement amount is reached—even if it means going the distance and winning in court.

INJURED? It IS About The Money.®

Contact Warshafsky Law if you or a loved one has been injured in a Milwaukee car accident. Make sure the laws work FOR you by contacting Milwaukee’s toughest car accident attorneys at Warshafsky Law.
Injured? It IS About The Money ® Injured? It IS About The Money ®
Injured? Take Action
Wisconsin Dog Bite Law

1.    Wisconsin’s Law on Injuries Caused by Dogs

Although commonly referred to as the “dog bite law,” Wisconsin Statute 172.02 covers both injuries and damages caused by dogs, as well as the legalities of a court order to have a dog euthanized. Section 1 of the statute covers liability of a dog’s owner for injury caused by a dog:

(a) Without notice. Subject to s. 895.045 and except as provided in s. 895.57 (4), the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property.
174.02(1)(b) (b) After notice. Subject to s. 895.045 and except as provided in s. 895.57 (4), the owner of a dog is liable for 2 times the full amount of damages caused by the dog biting a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement if the owner was notified or knew that the dog had previously, without provocation, bitten a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement.

The law has evolved over the years, with the most recent change coming in 2015 when legislation altered the double damages provision to make it only applicable in situations where a dog bit someone “with sufficient force to break the skin and cause permanent physical scarring or disfigurement” and where the owner knew the dog had done so previously. This is another reason why we advise bite victims to not be quick to settle with the dog owner directly, particularly if the injury was severe enough to require stitches and especially if it involved an attack on a child.

It should be noted there is a difference between being bitten by a dog and being mauled by a dog. Cases involving serious mauling injuries, or death, are governed not only by the Wisconsin statute on dog bite injuries but are usually prosecuted under criminal law, too

Section 2 of the statute covers penalties for damages caused by a dog:

(a) Without notice. The owner of a dog shall forfeit not less than $50 nor more than $2,500 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds.
(b) After notice. The owner of a dog shall forfeit not less than $200 nor more than $5,000 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds, and if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds.
(c) Penalties in addition to liability for damages. The penalties in this subsection are in addition to any other liability imposed on the owner of a dog.

What Damages Can a Dog “Cause” to Make the Owner Liable?

Section 2 of the statute outlines fines “if the dog injures or causes injury,” but interpretation of how a dog causes injury is open to interpretation. Cases involving injuries caused by dogs are more complicated than cases involving bites.

For instance, if a dog playfully jumps on someone and causes the person to fall over and break a wrist, there’s a case to made for damages. But what if you’re with your dog in a dog park and another dog runs into you and knocks you down, causing you to break an ankle? Can the dog owner be held liable for your injury? It all depends. The only way to know if you have a case or not is to speak with an experienced personal injury attorney.

What If The Dog’s Owner is Blaming You for His Dog Attacking You?

It’s not uncommon for dog owners to throw the blame on the victims of their dogs. “You were trespassing!” is a common tactic. Again, every situation is unique and the best advice we can give here is to consult an attorney with the details of what happened when you were attacked.

WI law on Motorcycle accidents


2.    How Wisconsin’s Contributory Negligence Law Can Affect Your Dog Bite Injury Claim

You need to be aware that in Wisconsin dog bite victims can be held partially liable for an attack if they were in some way negligent in their actions and can be considered partly to blame for the attack. In legal terms, this is known as contributory negligence. For instance, someone who taunts a dog with a stick or lunges toward it aggressively—even if only in jest—can be considered partially to blame for the attack.

In Wisconsin, if the victim is found to be more than 51% responsible for the attack, any award of damages is reduced by whatever percentage of fault is attributed to him/her. If you’re being accused of provoking an attack, witnesses will play a critical role in determining whether or not you bear any responsibility for the attack.

WI law on Motorcycle accidents


3.    Wisconsin’s Statute of Limitations Limits Your Timeline for Filing a Dog Bite Injury Claim

It’s a common tactic of insurance companies to drag their feet on claims in order to run out the clock on the statute of limitations. In Wisconsin, you have three years from the date of the attack to file a legal claim. If you don’t take action within those three years, you will be barred from filing a suit.

It may seem hard to believe an insurance company could drag a claim out for 3 years, but it happens all the time. After the 3-year mark, you will have no option but to accept whatever lowball offer the dog owner’s insurance company offers you.

Why Choose Warshafsky Law to Represent You?

What sets Warshafsky Law apart from other personal injury firms is our commitment to getting justice for our clients. Most law firms are “sign and settle” shops, quick to agree to whatever offer an insurance company makes so they can move on to the next case. Insurance companies know these firms never bother to take a case to court—where they risk even greater losses at a trial—so they get away with their lowball settlement offers.

Warshafsky Law is different. We built our reputation on being ready, willing and able to take our clients’ cases to court. Warshafsky Law literally wrote the book on trial law: the massive Trial Handbook for Wisconsin Lawyers. When we take on a case, we prepare it for trial from day one. We don’t just win, we win big.

WI law on car accidents

Request a Free Initial Legal Consultation on Your Dog Bite Injury

As one of the leading personal injury law firms in Wisconsin, Warshafsky Law has successfully represented many dog bite victims. We offer a free initial consultation to all prospective clients. Once we have some information from you on your injury, we can give you our thoughts on how a lawsuit would proceed and what you can expect.

Contact Warshafsky Law to request a free initial legal consultation.


What is considered dental malpractice?

Dental malpractice (dental negligence) is a type of medical malpractice and refers to an avoidable injury from:

  • Negligent dental work (including using wrong/defective equipment)
  • Failure to diagnose or treat a harmful condition (including misdiagnosis of tooth decay or gum disease)
  • Delay in diagnosis or treatment of oral disease (including infection)
  • Intentional misconduct by the dentist

Depending on your dental insurance, other types of malpractice may occur. One example would be a dentist giving an unnecessary diagnosis and treatment just to bill the patient’s insurance company for more money.

Orthodontists, endodontists, dental hygienists and other dental professionals can also be held responsible for malpractice resulting in injury.

What Successful Dental Malpractice Suits Look Like

One thing to keep in mind, however, is that if your injury was minor (one which caused only temporary pain and discomfort, for instance), it generally isn’t worth filing a suit over even if it was caused by malpractice. The type of injuries in successful dental malpractice suits are much more serious, with some resulting in hospitalization and even death to the patient.

Wait…did we just say “death”? Unfortunately, we did. While most people don’t think going to the dentist can result in serious injury, the risks are very real. When procedures go wrong, patients can suffer serious infections, brain abscesses, osteomyelitis and even death.

Dental Procedures Most Often Resulting in Lawsuits

  • Tooth extractions
  • Endodontic work (root canals)
  • Dental implants, crowns and bridges
  • Defective medical devices
  • Complications from dental anesthesia
  • Failure to diagnose oral cancer
  • Substandard TMJ and orthognathic surgeries
  • Infections requiring hospitalization
  • Sinus perforations
  • Nerve damage
  • Air embolisms
  • Adverse drug reactions

Interestingly, there is no way to know just how many dentistry-related deaths occur because most state governments don’t keep records. As of this writing, only Texas clearly requires dentists to report all deaths that could be related to dental treatments. If their statistics reflect what is going on in the rest of America, we’re in serious trouble: after reviewing statistics for the state of Texas, The Dallas Morning News found that one dental patient dies about every other day.

Statute of Limitations on Wisconsin Dental Malpractice Lawsuits

Whether you suffered negligent dental work or your dentist failed to diagnose a hazardous condition, Wisconsin law sets a time limit on your ability to file a lawsuit seeking compensation.

Your personal injury lawsuit must begin within three years of the date of the injury OR one year from the date the injury was discovered (or “in the exercise of reasonable diligence should have been discovered.”) Wisconsin Statutes section 893.55

A dental negligence claim may NOT be started more than five years from the date of the injury or the act omission.

When in doubt, consult with a personal injury attorney as soon as possible after the act of dental malpractice. Not onlyis there a time limit, but physical evidence to support your case may fade.

Wondering how to define “reasonable” or whether the fairness of the statute could be questioned in your case? Schedule a completely free case appraisal with Warshafsky Law today.

Jaw-Dropping Dental Lawsuit Cases

If you follow any of the tabloids, you might remember hearing about a malpractice suit country music singer/actress LeeAnn Rimes filed against her Los Angeles dentist back in 2013. It all started after a dentist she consulted with about her Temporomandibular joint pain (TMJ) recommended veneers and crowns on her upper teeth as a way to alleviate her TMJ problems while also improving her appearance.

Unfortunately for Ms. Rimes, what followed was a nightmare of severe tooth pain, chronic bleeding and inflammation of the gums. Over the course of 3 years, she had over 29 surgeries to correct problems caused by the veneers. These surgeries included 9 root canals, bone grafts, and a temporary bridge. In addition to suing for the pain these problems caused, she’s also suing for “permanent cosmetic deficiency” and for lost income.

Rimes’ case showed that even celebrities, who you would think have only the best dental care, are not immune to problems caused by bad dental work. While the vast majority of dentists are well qualified and do exceptional work for their patients, dentists who fail to follow the accepted standard of care for treatment can be sued for medical malpractice.

If you have suffered pain or injury as a result of dental care gone wrong, our Milwaukee dental malpractice attorneys can help you recover your expenses, as well as compensation for loss of income and pain and suffering.

Other notable dental malpractice cases:

How Much Money Can You Expect In A Dental Malpractice Suit?

Without knowing the specifics of your situation, it’s impossible to give a dollar amount for the problems you’ve experienced due to dental work. Each case is unique, and the costs involved in correcting the problem, as well as the degree of pain and suffering endured, obviously affect the size of the judgment. If you’re looking for a ballpark idea, though, the average payment in a dental malpractice suit is $65,000 (according to Medical Protective, the leading provider of malpractice insurance in the United States).

Regardless of what type of case you have, our Milwaukee personal injury attorneys will secure the maximum possible compensation for the harm you’ve suffered. Unlike the typical “sign and settle” law firm, we prepare every case from day one as if it will be heard before a judge and jury. We’ll never recommend you take an insurance company’s settlement offer just so we can move on to the next case. Our reputation was built on a willingness to go to bat for every client in a court of law, and it has resulted in some of the highest judgments in Wisconsin history.

When you have Warshafsky Law on your side, you can count on a legal team with a willingness to fight for everything you’re owed.

Victim of Dental Malpractice in Wisconsin? Schedule a Free Legal Consultation Today

Warshafsky Law offers a free initial legal consultation to anyone considering legal action against a dentist, orthodontist or oral surgeon. You will meet with one of our experienced Milwaukee personal injury attorneys, not a paralegal. There is no charge and no obligation to hire us.

If you have grounds for a dental malpractice suit and would like to have us represent you, we will not ask for any payment from you until your case has been resolved—either through settlement or through a judgment made in court.

Warshafsky Law also offers a No Win, No Fee guarantee: if we do not succeed in your case, you don’t owe us a thing. With Warshafsky Law, you have absolutely nothing to lose.

Contact a Milwaukee dental malpractice attorney now to schedule a free legal consultation.

When people choose their Wisconsin personal injury lawyer based on the endorsement of a football player or actor, they risk choosing an attorney who has never won more money in a courtroom. Settlement mills forward your paperwork and take a cut of your damages.

Hundreds of times we have prepared cases like yours beyond the brink of trial. Facing unlimited liability AND an expensive jury trial, insurance companies fess up what your case is worth. They HATE when you choose Warshafsky. Insurance companies know: it IS about the money.

Milwaukee Medical Malpractice Lawyers Sue for the Highest Settlements and Judgements

If you or a loved one has been harmed due to the negligence of a physician, schedule a free consultation with our medical malpractice attorneys. Wisconsin has a statute of limitations on medical malpractice lawsuits, so don’t wait. You have a time limit of three years from the time of the injury to sue for medical negligence. We’ll examine the facts of your personal injury case to determine whether or not medical malpractice occurred and how much money you can expect to win in a settlement or jury verdict.

Medical malpractice lawsuits are extremely complex. Doctors often refuse to settle, and courts often favor doctors and hospitals over injured patients. Although not every injury sustained in a hospital or doctor’s office is considered negligence, there are many valid reasons to sue for medical malpractice. From cardiologists to chiropractors to psychiatrists, let us help you hold negligent doctors accountable and get the money you deserve.

Emergency Room Malpractice Brookfield
1.Hospital Negligence & Emergency Room

When pursuing a medical malpractice lawsuit, the hospital, VA, or emergency room is liable for the actions of its employees, including:

  • Nurses
  • Medical technicians
  • Paramedics

If a hospital employee harmed someone while doing something job-related, the patient can sue the hospital for the injury. However, doctors are often independent contractors, not hospital employees. In these cases, as long as the patient knew the doctor was not employed by the hospital, the hospital is not liable.

Not every case of negligence in a hospital in considered malpractice. For example, if a custodian employed by the hospital fails to put out a “Wet Floor” sign and someone falls and is injured, it is a case of standard negligence, not medical malpractice.

  • Types of Hospital Malpractice Injuries

    There are a wide range of reasons a hospital can be held accountable for malpractice, including but not limited to:

    • Nurse administers medication incorrectly (wrong dosage, wrong drug, etc.)
    • Nurse fails to follow doctor’s instructions or treatment plan
    • Hospital staff improperly dresses/treats wounds, causing infection
    • Medical technicians give anesthesia or drugs they should have known would cause a reaction for you
    • Poor hospital staff hygiene
    • Keeping inaccurate patient records
    • Failure to properly disinfect any rooms or equipment
    • Failure to make sure all staff and independent contractors have proper credentials (education, training, licenses)
    • Failure to have enough nurses, technicians, and other staff available

    If you believe any of these or similar situations happened to you or your loved one in the hospital, contact our medical malpractice attorneys as soon as possible.

  • ER Errors and First Responder Negligence

    First responders (such as emergency medical technicians, ambulance crews, and firefighters) are generally protected from malpractice lawsuits due to the dangerous and unpredictable nature of their work and in order to preserve emergency services. If a first responder behaves recklessly or negligently, or if they intentionally cause an injury, their employer is held responsible.

    Once a patient arrives at the emergency room, the ER doctors and nurses are held to standard medical malpractice regulations. It’s important to remember medical malpractice means a competent doctor in the same situation would have done something differently and prevented the injury. Due to the circumstances in an ER, physicians’ mistakes usually have to be quite severe to be considered negligence.

    Other instances of emergency room malpractice include refusing to treat a patient. Under the Emergency Medical Treatment and Active Labor Act (EMTALA), the ER is required to examine and stabilize (as much as possible) any patient who arrives, whether they can pay or not. The hospital (not the ER doctor) can be held responsible for the violation of this rule, even if the ER transferred the patient to another facility instead of directly refusing to treat.

  • Good Samaritan Rule

    The Good Samaritan rule protects doctors, nurses, physicians, and other medical professionals if they offer assistance in an emergency outside the hospital. Wisconsin’s Good Samaritan statute states:

    “Any person who renders emergency care at the scene of any emergency or accident in good faith shall be immune from civil liability for his or her acts or omissions in rendering such emergency care. This immunity does not extend when employees trained in health care or health care professionals render emergency care for compensation and within the scope of their usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of any emergency or accident, en route to a hospital or other institution equipped with hospital facilities or at a physician’s office.”

    Off-duty doctors and non-medical professionals are judged by the Good Samaritan law, not medical malpractice standards, unless the patient has a doctor-patient relationship with the rescuing doctor.

2.Misdiagnosis or Delayed Diagnosis

One of the most common types of medical malpractice lawsuits involves the doctor misdiagnosing or failing to diagnose an illness. When you tell the doctor about your problem, it’s reasonable to expect an accurate diagnosis so you can begin the correct treatment as soon as possible. With the wrong diagnosis, you could miss out on effective treatments, be given the wrong (and potentially harmful) treatment, and suffer unnecessary injury or wrongful death.

In order to prove medical malpractice occurred, our personal injury attorneys and medical experts will thoroughly investigate your experience, comparing your doctor’s actions with how other similar doctors would have acted. If we can show that another competent doctor would not have made the diagnostic error, then we will be able to pursue your doctor for misdiagnosis medical malpractice and get a high settlement or judgement for your personal injury.

3.Prescription Medication Errors

Prescription drug mistakes can be dangerous – even deadly. Medical malpractice involving prescriptions can occur at any step in the process, from the pharmaceutical companies, manufacturers, and marketers to the nurse who administered the drugs. A serious medication error could be:

  • Wrong medication prescribed
  • Wrong dosage
    • Written incorrectly on prescription by doctor
    • Administered incorrectly by nurse
    • Administered incorrectly by malfunctioning equipment
  • Failure to see harmful drug interaction or other complications
  • Manufacturing defective or unsafe medications
  • Illegible prescription

Receiving the wrong medication or dosage due to a pharmaceutical error or any other circumstance could, at the very least, delay their correct treatment and, at worst, lead to death.

Prescription Drug Mistake Judgement Wisconsin
Anesthesia Mistakes Lawsuit Milwaukee
4.Misdiagnosis or Delayed Diagnosis

Even when everything is done right, all types of anesthesia – local, regional, and general – come with the risk of side effects. The smallest mistake by anesthesiologist can cause permanent injury, brain damage, or wrongful death. Malpractice may occur before anesthesia is even administered if the anesthesiologist fails to check the patient’s medical history or give the patient the proper preoperative instructions.

Types of anesthesia errors during surgery include:

  • Too much or too little anesthesia
  • Incorrect anesthetic drug
  • Failure to monitor vital signs
  • Failure to properly intubate
  • Improper intubation
  • Defective equipment

Effects of Anesthesia Errors

Anesthesia Mistakes Lawsuit MilwaukeeIf a patient receives too little anesthesia, they may remain awake during their surgery, unable to move or speak to inform the surgeon. This traumatic experience is known as anesthesia awareness and can cause the patient to develop post-traumatic stress disorder (PTSD).

Other results of anesthesia malpractice can include:

  • Brain damage
  • Organ damage
  • Heart problems
  • Nerve damage
  • Paralysis
  • Seizures
  • Stroke
  • Coma
  • Death

If you or a loved one has suffered due to anesthesia errors, trust our Wisconsin medical malpractice attorneys to fight for your rights and for the highest possible verdict.

5.Medical Negligence affecting Pregnancy and Childbirth

If you or your child were harmed due to negligence during pregnancy or childbirth, you may have a case for medical malpractice. Whether you have a separate gynecologist and obstetrician or you go to an OB/GYN, there is often overlap between obstetrics and gynecological care, especially when it comes to early pregnancy care. All obstetricians are trained in gynecology, but the opposite is not always true.

Sue Gynecologist for Malpractice

Aside from negligence in pregnancy and childbirth, improper gynecological care can result in serious complications due to:

  • Incorrectly operated gynecological surgery
  • Unrecognized injury during surgery
  • Improperly performed office procedures
  • Incorrectly read lab results, Pap smears, and pathology reports

Severe complications can occur from mistakes in even the simplest of procedures. Laparoscopy can result in injury to nearby organs, excessive bleeding, and sepsis (a life-threatening inflammatory response to an infection). A misread Pap smear or pathology report can lead to an unnecessary hysterectomy. Negligence during Pregnancy, or Negligent Prenatal Care

Prenatal Care Malpractice Attorney WaukeshaBoth mother and child can be harmed if the obstetrician fails to notice a birth defect or the following conditions in the mother before childbirth:

  • Preeclampsia
  • Rh incompatibility
  • Hypoglycemia
  • Anemia
  • Gestational diabetes
  • Genital herpes
  • Neonatal lupus
  • Other diseases that could be contagious from mother to child
  • Ectopic pregnancy (embryo implants somewhere other than uterus, such as fallopian tube)
  • Negligence during Childbirth

    Childbirth can be dangerous for both mother and child even with a skilled, experienced, and competent obstetrician handling delivery. A negligent physician may be liable for malpractice if he or she fails to:

    • Prepare for complications due to the baby’s large size
    • Anticipate complications due to a tangled umbilical cord
    • Properly respond to signs of fetal distress
    • Order a cesarean section (C-section) when appropriate or necessary
    • Correctly use forceps or vacuum extractor during childbirth

    Although it is impossible to prevent all complications, OB/GYNs (and all doctors) have a duty to provide reasonably skillful and careful treatment. If you or your baby were harmed during pregnancy or childbirth due to the negligent actions of your gynecologist, obstetrician, or OB/GYN, our medical malpractice attorneys will ensure you get the financial compensation you deserve.

Prenatal Care Malpractice Attorney Waukesha
Sue for Surgery Errors Milwaukee
6.Dentist and Orthodontist Malpractice

When dental malpractice occurs, patients have the right to file a dental malpractice lawsuit, as well as file a complaint with the state dental board. Common types of dental malpractice lawsuits include:

  • Anesthesia errors
  • Anesthesia errors
  • Failure to correctly diagnose and treat oral cancer, periodontal (gum) disease, and other conditions
  • Misdiagnosis
  • Delayed treatment
  • Unnecessary tooth extraction

Orthodontic malpractice lawsuits may involve the improper use of metal braces or Invisalign braces. If applied incorrectly or not properly monitored, braces can lead to gum disease, jaw problems, teeth extractions, and future surgeries or orthodontic treatments. Similarly, Invisalign braces are only approved for certain circumstances. If used outside those situations, Invisalign can cause serious damage to the patient’s mouth.

Our medical and dental malpractice attorneys in Milwaukee have the experience and knowledge for your dentist or orthodontist malpractice lawsuit. We gather evidence and expert testimonies to get you the greatest settlement or jury judgement possible for your personal injury.

7.Surgical Errors and Malpractice

Surgical malpractice can refer to the negligence of any medical staff involved in a surgery, including the surgeon, anesthesiologist, and surgical nurse. The known risks of surgery are exempt from liability because patients typically sign an informed consent form beforehand. Surgical errors, on the other hand, are unexpected, preventable mistakes which cause harm to the patient.

  • Anesthesiology errors
  • Punctured organs
  • Damaged nerves
  • Operating on wrong body part or wrong patient
  • Leaving surgical instruments inside the body
  • Accidental damage to nerve, organ, blood vessel, etc.
  • Nursing staff negligent with post-op care, causing severe infections