In order to prove medical malpractice occurred, our personal injury lawyers must be able to prove the doctor, nurse, hospital, or other medical professional did not provide the appropriate standard of care and caused harm to the patient. An expert witness must testify to what a competent doctor would have done and what the accused doctor did wrong. The physician’s care does not have to be perfect, but it must be reasonably careful and skillful. Medical malpractice does not include every tiny mistake or unsuccessful treatment. Every patient responds differently to treatments, so there is always a risk of complications in medical care. Poor results of treatment or surgery – even death – do not always mean medical malpractice occurred. Warshafsky has a medical doctor (who is also a lawyer) on staff to help establish liability and get you compensation.
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I had the pleasure to work with Krista G. LaFave at Warshafsky law firm. Not only was Krista available for my questions, but she worked hard to get more money than I expected. Because of her insight, and professional advice, I listened to her. I was very anxious and wanted to just get this over with. Krista explained that she wanted to fight harder for me to end up with a better payday. I totally trusted her, I could tell she was fighting for me like I was a family member of hers. So happy to have had Krista fighting for me. I ended up with literally double the amount I had anticipated. Thank you again Krista.
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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 judgment 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.
4. Anesthesia errors
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 an 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. Our personal injury, medical malpractice and wrongful death attorneys will discover the root cause and leave no stone unturned in our investigation.
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
If you or a loved one has suffered due to anesthesia errors, trust our Wisconsin medical malpractice law firm 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.
Both mother and child can be harmed if the obstetrician fails to notice a birth defect or the following conditions in the mother before childbirth:
- Rh incompatibility
- 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.
6. 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 that 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
Medical malpractice, or medical negligence, can have devastating consequences for patients. From a surgeon leaving a sponge inside a patient to a nurse administering the wrong dosage of medication, medical professionals who are negligent can cause lasting damage and harm to those they are supposed to help. If you choose to sue the doctor for medical malpractice, our personal injury lawyers will gather the evidence needed to get you the greatest possible compensation.
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Milwaukee Personal Injury Lawsuits Frequently Asked Questions
What is the difference between medical malpractice and medical negligence?
Medical negligence occurs when a doctor makes a mistake that causes harm to a patient. Whether the mistake happened because of simple ignorance or the doctor failed to take action where it was needed, the unintended harm qualifies as medical negligence. Medical malpractice, on the other hand, occurs when a medical professional knowingly failed to follow through with the proper standard of care. Medical malpractice is not necessarily malicious; however, harm has occurred despite the doctor or nurse knowing it could have been prevented with alternative measures.
What are the 4 D’s of medical negligence?
The 4 D's of medical negligence are duty, deviation, direct cause, and damages.
Can I sue my doctor for the wrong diagnosis in Wisconsin?
Yes, you can sue a doctor for giving you the wrong diagnosis for an injury or illness in Wisconsin. A misdiagnosis can make your medical condition worse, delay your correct diagnosis, and result in more harm to you or death. Each of these outcomes violates the medical standard of care that you expect from a medical professional.
What are the most common medical malpractice cases in Wisconsin?
The most common medical malpractice cases in Wisconsin include misdiagnosis and failure to diagnose, prescription errors, childbirth errors, surgical errors and anesthesia errors.