Medical Malpractice and Delivery Room Mortality Rates

Despite the United States’ traditional position as a world leader in healthcare, “The United States is one of only eight countries that saw a rise in maternal mortality over the last decade”. Of these eight nations, the United States is the only developed western country.

In fact, the United States has “a maternal mortality ratio higher than the rates of fifty-nine other countries.” Between 1990 and 2013, the maternal mortality ratio increased 136% from 12 to 28 maternal deaths in every 100,000 live births. This placed the United States in 60th place on a list of 180 countries. It ranked lower than the United Kingdom, Saudi Arabia, and China, among others.

The United States also trails behind other developed nations in infant mortality rates. Although “the infant mortality rate in the United States declined 12% from 2005 through 2011 to 6.05 infant deaths per 1,000 live births, it is still higher than the rates of other peer nations.” Certain counties in the United States shockingly have an infant mortality rate worse than sub-Saharan countries such as Kenya and Rwanda.

Thankfully, the above mortality rates are not substantially caused by the negligence or malpractice of health care providers—but it does contribute.

Two seminal studies, considered to be the most reliable, were conducted in New York (1984) and Colorado and Utah (1992). The New York study found that about “0.6% of childbearing women and about 0.2% of newborns sustained a negligent injury while receiving care in U.S. hospitals.” The Colorado and Utah study found these numbers to be in the range of 0.8% and 1.8%. More recent studies have reflected these numbers.

Know Your Rights

Gingras, Thomsen & Wachs, LLP focuses on obtaining fair compensation for infants and mothers who have been injured by the negligence or malpractice of health care providers. If you suspect that you, your partner, or your child have been injured by the negligence or malpractice of a health care provider, do not hesitate to consult Gingras, Thomsen & Wachs, LLP today.

September 10, 2019/by Gingras, Thomsen & Wachs, LLP

Medical Malpractice

When Your Misdiagnosis Becomes a Medical Malpractice Case

Medical malpractice laws exist to guarantee that patients receive competent and sufficient care. Physicians are charged with making assessments of the physical health of their patients, developing a treatment plan that works based on an accurate diagnosis, and executing that plan to provide the best possible outcome for the patient. We all expect the best from our physicians, but like any other vocation, there are times where a professional may make a mistake. In this case, they can range from surgical errors to misdiagnosing or not timely diagnosing a serious illness. These mistakes can be the difference between life and death. It is important that anyone that may have a potential claim understands what they can do after they discover a misdiagnosis. See our recommendations for handling a medical malpractice case below.

Errors in diagnosing illnesses are a large percentage of medical malpractice cases. There are three basic elements that have to exist for a claim for misdiagnosis:

A doctor-patient relationship at the time that there was a misdiagnosis
The was harm suffered because of the misdiagnosis
The physician’s misdiagnosis was negligent

If a physician meets with a patient and provides treatment, it is generally understood that there is a doctor-patient relationship. The establishment of that relationship requires that the physician provide sufficient care to the patient. This duty of care, as it is commonly called, requires that a physician reasonably diagnose potential health issues and inform their patients accordingly.

If a physician fails to diagnose their patient properly or fails to provide the proper care that any other reasonably competent doctor would have provided under similar circumstances, they have likely committed malpractice. To prove negligence, the testimony of an expert will likely be required. Plaintiffs attorneys work with these experts to determine what a reasonably competent doctor would have done under the circumstances. An expert may also use the differential diagnosis standard. This is a systematic way of identifying different conditions or diseases in a patient. Further, they may offer their opinions on the process that they would have used to come to either a different or timely diagnosis for the patient.

To prove the damages in a misdiagnosis case, the patient has to prove that the negligence or the failure to properly diagnose caused foreseeable harm. The patient has to prove that another doctor, under similar circumstances, would not have made the same error. This can be proved by showing that a physician did not perform the necessary tests to come to the correct conclusion or they did not seek the appropriate opinions from other specialists to come to the proper diagnosis.

Misdiagnosis is not limited to testing and observation in a clinical setting. Physicians often misdiagnose their patients in emergency room situations. Given the pressure and often scattered environment of an emergency room, physicians can misdiagnose what is causing distress for the patient. It is not uncommon for individuals to come into emergency rooms with lesser-known symptoms of cardiac distress and be diagnosed with indigestion or heartburn. This misdiagnosis can lead to catastrophic results.

Let Gingras, Thomsen & Wachs Help You Through Your Medical Malpractice Case

While misdiagnosis cases are complex and difficult to prove, it is essential that you have an Medical Malpractice Attorneys assess your case and determine whether or not your physician could be at fault for damages in your case. Call the offices of Gingras, Thomsen & Wachs to have your case assessed today.

August 19, 2019/by Gingras, Thomsen & Wachs, LLP

Medical Malpractice

Medical Malpractice: When Can I Sue a Hospital for Negligence?

If you are injured while receiving medical treatment in a hospital, can you sue the hospital for negligence or medical malpractice? Though hospitals are often on the hook for incompetent care provided by employees like nurses and medical technicians, they often are not responsible for a doctor’s medical malpractice. Learn more about when a hospital is, and is not, responsible for medical malpractice committed by employees, doctors, anesthesiologists, and other care providers.

Hospitals Are Liable for Employee Actions

Hospitals employ hundreds of workers and are therefore responsible (liable) if an employee hurts a patient by acting incompetently. In other words, if the employee is negligent, the hospital will usually be on responsible for any resulting injuries to the patient.

Typically, nurses, medical technicians, and support staff are hospital employees. As long as the employee was doing something job-related when he or she caused an injury to a patient, the patient can usually sue the hospital for resulting damages. For example, if a registered nurse (R.N.) employed by the hospital injects the wrong medication into an IV “push,” and the patient ends up suffering harm as a result, then the hospital could probably be considered liable for the R.N.’s mistake.

However, if a doctor makes a mistake and injures a patient while working in the hospital, the hospital will not be liable for the doctor’s mistake unless the doctor is an employee. Also, if a hospital employee commits malpractice while under a doctor’s supervision, the patient can sue the doctor, but the hospital may be off the hook.

Whether an employee is under the supervision of the doctor when the misdeed occurs depends on:

Whether the doctor was present.
Whether the doctor had control to prevent the employee’s negligence.

For example, a surgeon may be liable if an attending nurse miscounts the surgical sponges, leading the surgeon to leave a sponge in the patient.

Is the Doctor an Employee of the Hospital?

This is the critical question when figuring out whether the hospital itself can be sued when a doctor provides sub-standard care and ends up causing harm to a patient.

Whether a doctor is a hospital employee depends on the nature of his or her relationship with the facility. Though some doctors are hospital employees, most doctors are not. Non-employee doctors are usually classified as “independent contractors” in the eyes of the law, which means that the hospital cannot be held responsible for the doctor’s medical malpractice, even if the malpractice happened at the facility, and the doctor is officially affiliated with the facility.

A doctor is more likely to be an employee (rather than an independent contractor) if:

The hospital controls the doctor’s working hours and vacation time.
The hospital sets the fees the doctor can charge.

Exceptions: When Hospitals Are Liable for Non-Employee Doctors’ Actions

Even if a hospital would generally not be liable for an independent contractor doctor’s malpractice, a hospital may be held responsible in certain situations.

Hospital Appeared to be the Doctor’s Employer

If the hospital does not make it clear to a patient that the doctor is not an employee, the patient can sue the hospital for the doctor’s malpractice. Hospitals attempt to avoid this problem by informing patients in the admission forms that the doctor is not a hospital employee. The situation is different for patients injured in an emergency room. Usually, the hospital does not have an opportunity to inform emergency room patients that a doctor is not an employee. This means that ER patients can often sue the hospital for a doctor’s medical malpractice. There are also a few states that say a hospital can be sued for emergency room malpractice regardless of what the patient believed or was told.

Hospital Keeps an Incompetent Doctor on Staff

A number of states hold the hospital responsible if it gives staff privileges to an incompetent or dangerous doctor, even if the doctor is an independent contractor. The hospital is also responsible if it should have known that a previously safe doctor had become incompetent or dangerous. For example, if a doctor becomes severely addicted to drugs and the hospital management knew about it, or it was so obvious they should have known about it, a patient injured by that doctor can probably sue the hospital.

Getting Help

It’s often essential to get advice or representation from a lawyer because medical malpractice law is highly regulated by a complex body of rules, which vary considerably from state to state. Contact Gingras, Thomsen & Wachs, LLP to learn more about medical malpractice and if you have a case.

May 21, 2019/by Gingras, Thomsen & Wachs, LLP

Medical Malpractice

What You Should Know When it Comes to Informed Consent

Informed consent is when doctors must fully inform their patients about the risks involved in any proposed medical procedure or treatment. If a doctor does not get informed consent from a patient, and the patient is injured, the patient may have grounds to sue the doctor for medical malpractice. Here is what constitutes informed consent, when it is required, and what exceptions can be made.

What is Informed Consent?

Most medical procedures or treatments involve some risk, but it is the doctor’s responsibility to give the patient information about a particular treatment or procedure so the patient can decide whether to undergo the treatment, procedure, or test. This process of providing essential information to the patient and getting the patient’s agreement to a certain medical procedure or treatment is called informed consent.

Doctors typically require patients to sign a consent form detailing the risks of any given treatment or procedure. But signing a form alone does not necessarily prove that the patient gave informed consent. The doctor must actually discuss the procedure and risks with the patient. And the patient must understand, to the extent possible, the risks he or she faces.

What Risks Must be Disclosed?

A doctor doesn’t have to tell a patient about every possible thing that might happen as a result of a procedure or treatment, but only those risks that are important. But what is considered important? For the most part, states use one of two standards to determine this.

Would Other Doctors Have Disclosed the Risk?

In states that use this first standard, an injured patient who is suing a doctor must hire a medical expert to testify that other competent doctors would have informed the patient of this risk. The doctor being sued will also hire an expert to testify that a competent doctor would not necessarily have disclosed the risk to the patient. In the end, the crux of the argument is usually over whether the risk was statistically likely enough to make disclosure worthwhile.

Would a Normal Patient Have Made a Different Decision If Informed of the Risk?

In states using this second standard, courts ask whether a normal patient, with the same medical history and conditions as the plaintiff, would have changed his or her mind about the treatment if the risk was disclosed. Unlike states following the first standard, a doctor must also inform a patient of realistic alternative treatments, even if the doctor only recommends one treatment.

When Informed Consent Is Not Required

There are several exceptions to the informed consent rule:

Emergencies. In an emergency, there is no time to describe the risks involved and a physician must act quickly to save a life. A patient cannot sue for lack of informed consent in this situation, even if he or she would not have allowed the treatment.
Emotionally fragile patients. If a doctor knows that the patient is so distressed that he or she will refuse needed treatment, the doctor may not be required to get the patient’s informed consent. Also, if disclosing too much detail about a necessary procedure may make an already frail patient sick with anxiety, the doctor may be able to withhold some information. A doctor may decide how much to disclose based on the particularities of each patient, but he or she must be able to demonstrate a clear reason why the risks were not disclosed.

What If the Doctor Performs a Different Procedure?

If the doctor performs procedure B after the patient has given informed consent for procedure A, the patient can sue the doctor based on lack of informed consent. This is true even if the procedure was successful. For example, if a doctor operates on the left leg to remove a growth that is on the right leg, the patient may be able to sue for, among other things, lack of informed consent. A patient only has a claim, however, if the additional or different procedure was a mistake or clearly not necessary.

GCW Can Help

Medical malpractice law is highly regulated by a set of complicated of rules, which vary considerably from state to state. So it is often helpful to get advice or representation from a lawyer. Contact our Medical Malpractice attorney at any one of our GCW offices for more information.

April 12, 2019/by Gingras, Thomsen & Wachs, LLP

Medical Malpractice

What Happens When the Mom or Baby Is Injured During Delivery?

Preparing for a baby’s arrival is an exciting time for expecting parents. You’ve decorated the nursery, bought diapers, and hung up a closet full of tiny outfits. You’re prepared with your birthing plan and the hospital bag is already in the car. But what if something goes wrong in the delivery room?

Birth-Related Medical Malpractice

Birth-related medical malpractice occurs when a doctor, hospital, or other medical staff acts negligently and the mother or child are injured during pregnancy or delivery. However, if this occurs, there are rules on how injured people are compensated and who can bring a lawsuit in a birth injury case.

Birth Injuries to the Mother or Infant

Although rare, medical malpractice by a doctor may cause injury to either the mother or infant, or both, during the delivery of the baby. Some examples of medical malpractice that can cause birth-related injuries include:

Negligently failing to control excessive maternal blood loss post-delivery.
Negligently failing to monitor the baby’s oxygen intake pre-and-post-delivery.

Injury to infant. The parents must bring the lawsuit on behalf of the infant. The parents may ask for both general and special damages. General damages include the cost of suffering, mental and physical pain, and loss of enjoyment of life.

Example: A doctor doesn’t use reasonable care and erroneously decides to deliver a baby prematurely. As a result, the baby suffers brain damage. The parents may sue to recover medical expenses incurred to pay for ongoing rehabilitation and developmental needs, as well as pain and suffering since the baby will experience the ongoing trauma of physical and mental disability.

Injury to mother. The mother can bring a claim if the doctor’s carelessness caused her injury prior to or during the delivery.

Example: If the doctor fails to note the mother’s high blood pressure prior to delivery, a sign of a condition known as preeclampsia, and the mother has a seizure during the delivery, the mother may have a claim for medical malpractice to recover for injuries caused by the seizure.

Emotional injury to parents. The parents may also sue for the emotional pain and suffering they experience because of their baby’s injury.

How Gingras, Thomsen & Wachs, LLP Can Help You

At Gingras, Thomsen & Wachs, LLP, we know how hard it is to be a new parent, or even a seasoned parent with a newborn; and we understand the complications that can arise with an injury. When your family and financial stability are on the line, Gingras, Thomsen & Wachs, LLP will bring the fight and ensure that you receive all of the care and compensation that the law allows. Contact us today for a free consultation.

March 20, 2019/by Gingras, Thomsen & Wachs, LLP

Medical Malpractice

I Was Injured While Receiving Emergency Medical Care- Can I Sue?

In the event of an emergency, you trust your life to first responders. In the instance where a first responder does not treat you accordingly, you want justice for what has happened. To get the justice you deserve there are a few things you should know about medical malpractice during emergency care.

First, special rules apply to injuries caused by medical malpractice during emergency medical care, and state laws protect first responders from most lawsuits. Even though no such protections apply to doctors and nurses in the emergency room, emergencies by their very nature lower the professional expectation to avoid mistakes. When it comes to medical malpractice during an emergency, here is what first responders, ER doctors, medical staff, hospitals, and off-duty doctors are liable for.

Establishing Liability

When a patient is injured by medical personnel in an emergency medical situation, their case depends on who acted recklessly or negligently. Was it the medical personnel who first respond to the emergency or someone in the emergency room?

First Responders Have Strong Protection

Most states have one or more statutes that protect first responders, who include ambulance crews, firefighters, and emergency medical technicians, from lawsuits. Lawmakers have added these protections in order to preserve emergency services, which would otherwise be subject to frequent lawsuits.

First responders are not completely protected from malpractice, however. If a first responder does something totally reckless or intentional, he or she could be liable for malpractice. In such a case, the first responder’s employer will ultimately be responsible (legally and financially) for medical malpractice.

Normal Malpractice Rules Apply to Emergency Room Doctors and Nurses

The protections provided to first responders do not extend to emergency room personnel. Standard medical malpractice rules apply to doctors, nurses, and other medical personnel working in the emergency room.

As in other medical malpractice situations, the patient must prove that a competent doctor under the same circumstances would not have made the mistake, this is called negligence. The key phrase here is “under the same circumstances”. Because the emergency room does not allow for the calm consideration available in other medical contexts, the mistake must often be fairly severe to rise to the level of negligence. Common in malpractice cases, both sides will hire experts to testify about what a competent doctor would have done in the same situation.

Does the Good Samaritan Rule Apply to Doctors?

Ordinary people are not legally obliged to help someone in trouble. However, if they do, they must help in a way that isn’t reckless and does not needlessly endanger the person they are trying to rescue. This rule is called the Good Samaritan Rule and is established by law in all 50 states.

The Good Samaritan Rule does not apply to medical personnel unless they respond to an accident while off-duty. If, however, a patient already has a doctor-patient relationship with the rescuing doctor, the fact that the doctor is off-duty at the time generally does not switch the legal standard from medical malpractice to the Good Samaritan Rule.

What if the Emergency Room Refuses to Treat a Patient?

Any hospital that receives Medicare funding is subject to the rules of a federal law called the Emergency Medical Treatment and Active Labor Act (EMTALA). Under EMTALA, the emergency room cannot turn anyone away, regardless of the person’s ability to pay. Only the hospital is liable under EMTALA, never the emergency room doctor. Instead, the emergency room must:

Provide a medical screening of the injured person.
Stabilize the person to the extent possible.

A violation of these rules can lead to financial liability similar to malpractice damages, even if:

The emergency room transferred the injured person to another ER instead of just refusing treatment.
The patient could have paid for medical services.

We Can Help

If you were injured while receiving emergency medical care, you may have a medical malpractice case. When your life is on the line, the experienced Medical Malpractice attorneys at Gingras, Thomsen & Wachs, LLP bring the fight. We have won millions of dollars in medical negligence compensation for our clients and we can help you, too. Connect with our team to learn more about medical malpractice cases.

March 14, 2019/by Gingras, Thomsen & Wachs, LLP

Medical Malpractice, Civil Rights

UW Health Transformation Surgeon Accused of Sexual Exploitation

On Friday February 1, 2019, GCW attorney, Robert Gingras, filed a lawsuit with the Dane County Circuit Court on behalf of a Wausau woman against a plastic surgeon with UW Health Transformations. According to the lawsuit, John W. Siebert, M.D. “failed to use the degree of care, skill and judgment that reasonable physicians would use in the case and treatment of a patient.”

The complaint stated Siebert purposefully inserted the incorrect size breast implants into a female patient, and was negligent in handling followup appointments that were needed due to post-surgery complications. When asked about the breast implant sizes, the patient said Siebert told her they were “larger because of the swelling.” The complaint also mentioned that Siebert had inappropriately touched the woman’s shoulders, legs, and face, while calling her inappropriate names like “babe” and “sweetie.” The patient is claiming sexual exploitation and medical negligence by Siebert, as well as negligent hiring by UW Health.

“We hope to make medical institutions be more forthright with their patients,” said GCW attorney, Robert Gingras.

Siebert was being investigated for an alleged sexual relationship with a married patient while working in a hospital in New York from 2006-2008. In 2011, Siebert was hired by UW Health Transformations while the investigation was ongoing. When the New York State Office of Professional Medical Conduct concluded its investigation in 2013, the New York medical board issued a suspension of his medical license and ordered that he be accompanied by a chaperone while attending to female patients.

Gingras, Thomsen & Wachs, LLP medical malpractice attorney is working to seek justice for this female patient and prevent this from happening again.

February 4, 2019/by Gingras, Thomsen & Wachs, LLP

Medical Malpractice

My Baby Was Injured During Birth – What Are My Rights?

Birth Injury

One of the most difficult things that parents can go through is the terrible experience of their child being injured during birth. At GCW, we have stood with parents through these tragedies. When injuries occur because of a medical provider’s negligence, GCW can offer the assistance your family needs in difficult times.

Not every birth injury is caused by medical malpractice, but when malpractice is the cause, parents may be entitled to compensation for their injured child.

You Have the Right to Competent Medical Care

Most medical professionals are hard-working, skilled, and good at what they do. But they are human: even the best health care provider can make a costly mistake. And sometimes providers are dismissive and insensitive, which leads to critical errors. Licensed medical professionals have an obligation to do their work in a way that meets certain professional standards. If they fail to meet those standards, and that failure harms a patient, they may have committed medical malpractice.

Depending on the circumstances, any of these could be medical malpractice in Wisconsin if the mistakes result in injury to a baby before, during, or after birth:

Mistakes made because of carelessness
Mistakes made because the medical provider does not have the knowledge he or she should have
Injuries caused deliberately. These are very rare, but, sadly, they do happen. For example, recently a Wisconsin nurse was accused of abusing newborns.
Failure to provide required oversight

Medical malpractice cases are complicated. You need an experienced medical malpractice lawyer to guide you through the process, from start to finish.

You May Have the Right to Compensation for Your Child’s Injuries

If your child was injured during birth, you may be able to get compensation that can help your child and your family. Compensation may be available for:

Medical expenses for treatment, medication, and rehabilitation services relating to problems the birth injury caused
Wages lost because a parent needs to spend more time taking care of the child
Expenses for assistance needed in the home
Pain and suffering

Compensation may include amounts you have already paid, amounts you are paying now, and amounts that a court expects you will have to pay in the future.

You Deserve a Good Birth Injury Lawyer

As you go through this difficult time, having the right lawyers by your side can help you prepare for the future. At GCW, we are determined to see that you get all the assistance the law allows. We are passionate about pursuing justice. If healthcare providers failed to meet the standards of their professions, we will leave no stone unturned in our quest to get you all the compensation you deserve.

In the complicated area of birth injury law, experience, knowledge, skill, and dedication all count. At GCW, our record speaks for itself. For example, we won a $2.9 million jury verdict for a baby injured during birth. To find out more about what we can do for you, call us toll free at 888-357-7661, or contact us through our website for a free consultation.

August 15, 2018/by Gingras, Thomsen & Wachs, LLP

Medical Malpractice

I Was Misdiagnosed – What Are My Rights?

Misdiagnosed

We count on doctors to provide us with correct and timely medical opinions. Their extensive training and experience should prepare them to determine what a variety of symptoms mean for you. When they aren’t sure about what kind of condition you may have, they should take the time to research your symptoms and give you a correct diagnosis. However, doctors don’t always get it right—and they may not take the time to research, or they may not want to second-guess themselves. So, what do you do when your doctor gets it wrong? You may have legal options.

What is Misdiagnosis?

Misdiagnosis occurs when a doctor or other medical professional tells you that you have a medical condition that you really do not have or fails to identify a medical condition at all. The doctor ends up treating you for the wrong medical condition, or not treating you at all. Meanwhile, your actual problem goes unaddressed and may end up causing even more harm or damage because it continues without treatment. It can even lead to death. In some cases, the treatment that you are provided for the wrong condition can also cause damage.

When Does Misdiagnosis Turn into Medical Malpractice?

When you are misdiagnosed, it can lead to grounds for a medical malpractice lawsuit. However, not all misdiagnoses trigger the right to take legal action. You must meet certain conditions to move forward with a legal case. The medical malpractice attorneys at Gingras, Thomsen & Wachs, LLP can walk you through these requirements. However, you can use this general checklist to get you started.

There was a doctor-patient relationship (or relationship with another medical professional);
The medical professional provided care that fell below the standard of care for the medical profession; and
The doctor’s carelessness caused injuries to you.

How Do I Prove That the Standard of Care Was Breached?

Medical malpractice cases require expert testimony. Only a medically trained expert will be able to tell you if your doctor acted in a way that a reasonable medical professional in a similar situation would have done.

Having a misdiagnosis alone is sometimes not enough to show that medical malpractice occurred. Even highly trained doctors who are doing everything they should will occasionally misdiagnose a condition or disease. However, doctors should go through a particular process to determine what your condition may be. Essentially, this process involves eliminating potential conditions based on your symptoms instead of starting with a probable diagnosis. When they don’t use this process, errors can result.

Contact Gingras, Thomsen & Wachs, LLP

The best way to determine whether you have a medical malpractice case is to talk to our team at Gingras, Thomsen & Wachs, LLP. We can walk you through your options. If you think you have been misdiagnosed, but you aren’t sure, we can also help you find a doctor to provide a second opinion to get you the treatment you need. Our team cares and we are here to help you through this confusing time.

July 26, 2018/by Gingras, Thomsen & Wachs, LLP

Medical Malpractice

5 Common Types of Medical Malpractice

Medical Malpractice

We count on our doctors and other medical professionals to help us. So, when they don’t do their jobs correctly and they make mistakes that cause harm, it’s devastating. If that happens to you, you might be entitled to compensation for medical malpractice. This can include compensation for your medical expenses, lost income, pain and suffering, loss of love and companionship, and other losses related to the harm the medical professional caused.

Not every mistake a healthcare worker makes is necessarily medical malpractice. But doctors, other healthcare workers, and hospitals have to perform their jobs according to professional standards of care. If they are negligent or their work falls below those standards, then they may have committed medical malpractice.

There are many kinds of medical malpractice. These are five of the most common:

Misdiagnosis

If a doctor misses an obvious diagnosis, that may be malpractice.

Medication errors

You have a right to be given or prescribed the correct medication at the correct dose for your condition. Medical mistakes, such as giving medication to the wrong patient in a hospital or writing a prescription that has the wrong dosage, could be malpractice.

Mistakes made during childbirth

You have a right to a correctly performed delivery procedure under the circumstances of your particular situation. Sadly, negligent medical errors made during delivery can cause serious injuries to the baby, including brain damage, bone fractures, or spinal cord injuries.

Mistakes made during surgery

You have a right to surgery that is free of blatant errors. Negligent errors made during surgery run the gamut from operations performed on the wrong side of the body to medical instruments or sponges being left inside the patient.

Failure to treat

Malpractice may occur not only if healthcare workers do something wrong, but also if they fail to do something they should have done. This includes failure to provide treatment after a correct diagnosis, discharging a patient from a hospital too early, or failing to correctly follow-up on treatment.

If You Suspect Medical Malpractice, Don’t Wait to Talk to an Attorney

In Wisconsin, there are strict deadlines, called “statutes of limitations,” for when you can file a malpractice lawsuit. In general, you must file within three years of the time of the injury or harm, but there are exceptions. In some situations, you may have more time to file, but in other situations you will have less, so it’s important to talk to an attorney right away.

GCW is Here to Help

Medical malpractice cases are complicated and stressful. Our team is dedicated to helping you or your loved one get back on track, or in the case of death, helping the survivors get a just result. Contact us for a free consultation.

June 22, 2018/by Gingras, Thomsen & Wachs, LLP

GTW Cases, Medical Malpractice

How Settlement Negotiations Work in a Medical Malpractice Case

Settlement Negotiations

Medical malpractice settlement negotiations are handled differently than other personal injury cases. A person who intends to sue a doctor or medical facility must first be aware that he or she has a specific time in which to start a lawsuit or settlement negotiations. In Wisconsin, this may be up to five years, but in most cases, it is up to three years from the date of the injury or one year from the date the injury was discovered. To ensure that you begin your lawsuit within the statute of limitations, always contact a medical malpractice attorney as soon as you realize you may be the victim of malpractice.

Initial Proceedings

Once it has been determined that it is not too late for you to file a lawsuit or start negotiations, you have two choices:

You may take advantage of Wisconsin’s voluntary mediation rule and ask for mediation before you file the medical malpractice lawsuit.
You may have filed a lawsuit, but if you decide you would prefer to settle if possible, you have up to 15 days after you file the lawsuit to ask for mediation.

In both cases, the statute of limitations is stopped until either mediation is completed with a settlement agreement, or you and the medical facility or doctor determine that you cannot settle, and you wish to continue with the lawsuit. Once either of those two actions is completed, the counting of the days starts where it left off.

Caps on Awards/Damages

As of April 2018, the highest compensation you can get from a medical malpractice lawsuit for “non-economic” damages (usually for pain, suffering and disability) is $750,000. There is no limit on the amount which can be recovered for medical and related care expenses and lost earnings resulting from the malpractice. In July 2017, a Wisconsin appellate court stated that $750,000 for non-economic damages is “unconstitutional on its face.” This means that the court agrees that in catastrophic injury cases, $750,000 may not be enough to cover your injuries. This case is currently being reviewed by the Wisconsin Supreme Court.

Evidence and Discovery

Although you may settle out of court, it is still important that you have all of the medical evidence possible that your doctor or medical facility made a mistake in your care. Hospital bills, second opinions and anything that is in your medical chart should be accessible to you and your attorneys. The evidence and discovery will help the mediator negotiate a fair amount due to you.

Liability

Liability rules can be somewhat different for medical malpractice cases. An injured person must present expert testimony that the doctor or facility failed to follow the accepted “standard of care” for the condition. Expert proof is also required to show that any violation of this standard of care caused harm to the patient. This requirement of expert opinion evidence makes medical malpractice cases much more expensive to investigate and prove than most other kinds of cases.

Contact Gingras, Thomsen & Wachs, LLP

Medical malpractice lawsuits are often highly personal and can be physically and mentally painful or challenging. Entrusting your life or the life of someone you love in someone else’s hands can be terrifying, especially when things go wrong. If you believe you or someone you care for is suffering from a condition caused by medical malpractice, contact Gingras, Thomsen & Wachs, LLP to set up a free consultation. You can trust us to fight for you and what you deserve if you are suffering from a doctor’s negligence, while you focus on recovering.

May 16, 2018/by Gingras, Thomsen & Wachs, LLP