Pages Navigation Menu

All the Sites, Rain or Shine

Delayed Treatment? Here’s What to Do

Posted by on Mar 11, 2019 in Delayed Treatment, Medical Malpractice | 0 comments

When you work as a doctor, your everyday decisions can impact your patients for the rest of their lives. Most professions allow for small slip-ups every once in a while when on the job, but this is not really true with doctors. If you went to the doctor’s office and they were unable to give you a correct diagnosis, this could impact you for the rest of your life. In the worst scenarios, it could even shorten it. I recently began to wonder what I would do if I found myself in a situation like that. My kids have to do physical exams with the doctor every year so they can play sports during the school year. I want the doctors to be on their A game and not miss anything that could cause an issue while they’re training. If they did mess up, I wanted to know what my plan of recourse would be. I found some good information on the website for McCutchen & Sexton – The Law Firm. They are Fort Smith delayed treatment lawyers, meaning that at their firm, they work with people who have been affected by misdiagnosis and delayed treatment in the Fort Smith area. For years they’ve been helping people take good legal recourse when a doctor has caused them harm. They know what’s relevant in deciding a delayed treatment case.

If you attempt to sue a doctor for wrongful diagnosis, it’s your job to show a judge or a jury that your doctor was negligent towards you. In order to be considered negligent, a doctor will have done something that is vastly different from how a normal, reasonable doctor would have acted. When you go in for an appointment, normal doctor protocol is that doctors should perform an initial evaluation of a patient and make a list of all the potential ailments. From this point on, doctors will perform tests in order to make that list more narrow. They may at this point send you to a specialist or diagnose you and begin treatment. Sometimes this process can extend for up to several weeks. If a doctor does not put the right diagnosis down, or if their tests do not lead to a correct diagnosis, this can delay treatment for weeks, even months. This may be due to a doctor being found negligent in court.

Sometimes, you can receive money even if your doctor did everything right. There are some situations that are simply unavoidable, even if there is no human error. Maybe a machine was malfunctioning while you were using it. Sometimes lab test results are not collected or analyzed correctly. In these situations, you can receive money on behalf of the hospital itself or maybe another healthcare professional. Although, in these cases, you will need to prove that a lab worker or lab machine was not working correctly.

Each of these situations can lead to a misdiagnosis that causes delayed treatment. Delayed treatment allows treatable diseases to fester and cause you more harm than they would had they been detected early. If I or a loved one is ever misdiagnosed, I’m certainly going to hire a lawyer!

Read More

Wisconsin and medical malpractice

Posted by on Oct 2, 2017 in Medical Malpractice | 0 comments

Medical Malpractice is one of the top three leading causes of death in the United States, according to Johns Hopkins Medicine. There is a reason that the state of Wisconsin does not have the malpractice lawsuit statistic to match this leading cause of death. Wisconsin has strict laws regarding who is actually eligible to file a lawsuit after a malpractice death or injury. According to Wisconsin law, only the spouse, or minor child of the deceased is allowed to file a lawsuit on medical malpractice, which excludes a large party of people who do not fit those categories.

Knowing the rare nature of winning medical malpractices in Wisconsin, there have been two recent wins for these suits, which is astounding. The first win comes from Deshawn Gray who checked into the Wheaton Franciscan Hospital in 2012 at age 28, for a fractured knee after a motorcycle accident. Shortly after the surgery to repair Gray’s knee, he developed acute compartment syndrome, which means his tissue and muscles were swelling to the point that it cut off the blood supply, which caused the nerves to die, and for Gray to lose his leg.

Wisconsin has medical malpractice caps on rewards. Gray should have won $1.5 million to compensate for medical bills, pain and suffering, the loss of companionship of his 7-year-old son, and any future medical bills. However, in order to ensure he receives something, Gray agreed to get the $750,000, in order to not get the whole reward taken away.

Wisconsin law strikes again as Colleen Daniels dies due to medical malpractice, and no one can sue for her. Colleen came to the hospital in 2011 after a car accident, and as the doctors shoved a breathing tube down her throat, down the wrong pipe into her stomach, as she suffered and paramedics tried to take the tube out, and the doctor would not let them. Unfortunately for Daniels, she was divorced, and her kids were 18 and older, so the state of Wisconsin, would not let anyone sue on her behalf for medical malpractice.

To get around Wisconsin’s strict law, Daniels attorney opted for a pain and suffering suit on behalf of the estate, which let the case be settled outside of court. The doctor’s medical license was suspended, and the Daniels family received “low six figures” in compensation, mostly from the doctor’s insurance.  

With harsh laws facing the victims of medical malpractice in Wisconsin, it is important to know if you can file a lawsuit, and to a hire a lawyer to either help you get around these laws or help you win the compensation you deserve if you qualify. There are many things you can receive compensation for, including medical bills, ongoing rehabilitation/therapy costs, costs of missed work, and pain and suffering. Hiring a lawyer is the first step if you or a loved one has fallen victim to medical malpractice. There is no reason you should suffer financially as well as physically and emotionally.

Read More