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Appleton Personal Injury Law Blog

5 steps for patients to avoid medical malpractice

It is the duty of the doctor and the rest of the medical team to provide a reasonable standard of care to the patient. If you go to the hospital for an operation and the surgeon seems like he or she is not meeting that standard, it may be necessary to act on your own behalf to reduce your chances of becoming the victim of a surgical error.

After all, most people would rather not be harmed by medical malpractice than be forced to assert their rights in court later. Here are five tips for how to protect yourself the next time you are about to have surgery:

Officials: fewest fatalities in Wisconsin car wrecks since WWII

The last time there were so few deadly car accidents in Wisconsin, World War II had just ended. In fact, if trends from this year hold, the rate could be even better, at least for four-wheeled motorists.

The state Department of Transportation recently reported that the number of fatal car accidents in Wisconsin over the first six months of the year were down 5 percent from the same period in 2013. Last year, there were 527 deaths on the roads, the fewest since 1944, but the numbers are on pace to be significantly lower this year.

Man says medical malpractice by CVS Pharmacy blinded him

Those of us who take prescription drugs to treat a medical condition rely on the pharmacist to provide us with the proper medicine at the correct dosage. A negligent pharmacist who provides the wrong drug, or makes another medication error, puts his or her customers at serious risk of harm.

Besides the fact that the unfortunate patient is not getting the medicine he or she needs, he or she could actually suffer from unwanted side effects from the incorrect drug. Such is the case with a man who was blinded in one eye by drops that were meant for ear problems, according to a medical malpractice lawsuit he has filed against drug store chain CVS Pharmacy.

Truck-car accident leaves a Wisconsin toddler with brain injury

A car accident on May 23 in Eau Galle, Wisconsin, sent a woman from Elmwood and her two children to a hospital in St. Paul. The family, including the 35-year-old mother, her two-year son and her 14-month-old daughter were injured when a cattle trailer being pulled by a pickup truck struck the woman's 2006 Chevy Impala.

Emergency personnel took the three to Regions Hospital where the mother was treated and released, according to a hospital spokesperson. Both children were transferred to another medical facility. The two-year-old boy was released from the hospital the following week, but sadly, the little girl is still hospitalized with traumatic brain injury.

Mother files wrongful death suit for son's overheated cell death

Unless they are familiar with jails, people likely give little thought to the responsibility of caring for a large group of imprisoned people. While paying for their crimes, prisoners must depend on others to provide basic needs like food, clothing and shelter. Our justice system prohibits cruel and unusual treatment, but one man suffered such a fate in a New York jail where he suffered and died in 100-degree temperatures. In cases like this, it's not only possible to file a wrongful death claim, it's the right thing to do and an experienced attorney can help surviving family members find the path to justice.

The victim's mother and her attorney have filed a wrongful death claim against New York City on behalf of her son's death at Riker's Island jail. The defense attorney has filed the proper documents demanding New York City preserve all communications and documented discussions related to the man's death. At a recent news conference, the man's mother expressed her feelings about the case, saying, "I know he was yelling for help and nobody ever came."

Veterans medical malpractice scandal continues to spread

If asked, most Americans would likely agree that the men and women who fought for us during global conflicts should receive any medical attention they might require in a speedy and competent manner. A different, much more shameful truth is slowly emerging across our country, a truth that paints a grotesque picture of injury, neglect and even wrongful death as our veterans languish away, untreated by the Veteran's Administration.

What could cause a tragedy like this and what can we do about it as Americans? Some cite lack of accountability on the presidential administration's part and others simply cry widespread mismanagement, but no one can seem to agree on what legal action to take against the personal injury storm brewing inside the VA.

PBC Attorney Avi Berk Speaker at Recent ABOTA & WI Bar Seminar on Trial Practice

PBC Attorney Avi Berk was a speaker at a November 5, 2010 full-day seminar, "21st Annual Institute of Trial Practice." The seminar was co-sponsored by the American Board of Trial Advocates (ABOTA) and the State Bar of Wisconsin.

Wisconsin man receives probation for car accident injuring 4

A young man received a sentence of two years on probation for a 2011 car accident that injured four people, including the defendant. According to the news story, the driver of the car pleaded no contest in March to two Class I felony counts of reckless driving causing great bodily harm, both of which are punishable by probation, jail time or prison.

Reports indicate the accident occurred in Racine, Wisconsin, near 8:00 p.m. on June 4, 2011. The defendant allegedly collided with a car exiting a restaurant parking lot. Police say he was not legally intoxicated but told officers he'd had "a few" beers.

Fatal accident growth is a deadly by-product of fracking boom

All across the country, oil and gas companies are busy engaged in a practice known as fracking, which is the process of injecting mixtures of water, chemicals, sand or gravel into the earth under high-pressure to extract oil and gas. While the industry is lucrative and even necessary to supply the world's energy needs, the practice of fracking comes with an unfortunate price -- a major increase in traffic-related deaths.

According to information culled from census data involving six drilling states and an Associated Press analysis of traffic deaths, traffic fatalities have increased more than four-fold since 2004. Key information in the report shows that while traffic deaths rise due to population increases, the current figures in drilling states is out of step with a natural rise. In other words, traffic fatalities are rising in these states faster than their populations increase.

Wrongful death claim by family of slain airport security officer

The family members of a Transportation Security Administration officer slain last year at the Los Angeles International Airport have filed a wrongful death claim for $25 million against the city of Los Angeles. The claim was filed on April 16 and alleges Los Angeles World Airports and the city of Los Angeles failed to provide adequate safety measures for both individuals and personnel. The claim also alleges that the airport delayed acquiring medical care for the TSA officer after he was attacked at the airport.

The attack occurred last Nov. 1 when a gunman allegedly targeted TSA officers. One man was killed and three other people received injuries. An attorney for the family said city employees created a dangerous security lapse that played a role in the TSA officer receiving a fatal gunshot. The attorney also said that city employees delayed getting medical care to the wounded officer.