Recent Blog Posts
What is Informed Consent?
The Wisconsin law for "informed consent" is found in Wis. Stat. 448.30. The law requires that a physician treating a patient inform the patient about the availability of reasonable alternate medical modes of treatment and about the benefits and risks of those treatments. The statute adopts the reasonable physician standard. This is different than what was used in the past when the reaonable patient standard was used for informed consent. The reasonable physician…
The Dangers of Distracted Driving
Each year in the United States, approximately 3,000 people die due to distracted drving. In 2022, distracted driving broke its seasonal pattern of being higher in the summer and lower in the winter and became consistent throughout the entire year. Cell phone users are 5.36 times more likely to get…
Injuries in Stairwells
Any time a person falls down a set of stairs they are at risk for an injury that can impact them for the rest of their lives. A person who suffers an injury due to a fall in a stairwell should contact experienced legal counsel to discuss a potential claim. There are many reasons that a person can fall in a stairwell. A personal injury attorney can assist in evaluating the facts of the fall and determine if a viable case exists.
The attorney evaluating the claim will…
Is a Gravity-Operated Hopper a Motor Vehicle?
A recent decision by the Wisconsin Court of Appeals - District III, took up the question of whether a tractor-trailer is a motor vehicle for purposes of evaluation of the Wisconsin wrongful death statute. In the Estate of Weimer v. Zeeland Farm Services, et. al., Kevin Weimer died after falling into a gravity-operated hopper that was attached to a semi-truck and being smothered by corn…
Personal Injury Lawsuits Have a Discovery Process
After a personal injury lawsuit starts, the discovery process begins. The discovery process involves the exchanging of information with the parties involved. The process of discovery can take different forms. One of the forms is called interrogatories. Interrogatories involve written questions that one party sends to another. Depending upon which state you are in or whether you are in federal court, the number and types of questions allowed can be…
Define a Hospital Adverse Event
A hospital adverse event refers to any negative or unintended occurrence that happens to a patient from during their medical care or time spent in the hospital. The event might be the result of system failures, medical errors or other causes that lead to patient injury or death. Adverse events can encompass a wide range of scenarios including surgical complications, infections, medication errors, patient identification, poor training and improper use of technology.
An…
Construction Zones
With the summer months upon us, road construction season is back in full swing in Wisconsin. Due to its growth, construction projects are common in the Chippewa Valley Remember as you drive through a construction zone, to not only pay attention to yourself but the workers who will be in close proximity to moving vehicles. A construction site is full of distractions. A construction zone may have reduced visibility and a change in the layout of the road. Remember…
What is a Contrecoup Brain Injury?
A contrecoup brain injury is a type of traumatic brain injury that occurs when the brain is injured on the opposite side of the impact. A contrecoup injury can occur in a car collision or in a slip and fall. The injury occurs when the force applied causes the brain to move inside the skull. The brain hits the opposite side of the skull from the impact to cause injury. Contrecoup brain injuries commonly occur where the head undergoes a rapid acceleration or…
Texting Truckers
In January 2010, the federal government passed a law that prevented bus drivers and truckers from sending text messages while driving. The legislation came as a reaction to distracted driving. A distracted driver is one of the top reasons that accidents occur on the road. Due to the size and weight of a truck on the road, the threat is magnified when a trucker is texting. A
Birth Injury Malpractice
A birth injury can be defined as harm that occurs to a child or the mother before, during or immediately after a child is delivered. In other cases, a child may be injured in utero when the mother is under the care of an obstetrician.
Some of the common causes of birth injuries include the failure to treat and diagnose complications, such as infections, during pregancy and the birthing process, failing to maintain a sanitary hospital, failing to monitor hemorraghing during…