Most Common Medical Malpractice Claims: Madison Personal Injury Attorneys Handle It All
Top Wisconsin Law Firm Sues Negligent Hospitals, Doctors, and Medical Professionals
If you’re thinking of pursuing a medical malpractice lawsuit against your doctor, nurse, surgeon, psychiatrist, or other medical professional, it’s important to understand what constitutes medical malpractice, and what does not. Simply put, if a healthcare provider failed to meet the standard of care and that failure resulted in an injury, you may have a case for medical malpractice. Standard of care refers to what a reasonable person in the same situation would have done.
For example, if a surgeon leaves a surgical instrument inside your body, causing personal injury, it is always medical malpractice because a reasonable surgeon would not have made the mistake. However, if a surgeon uses a new, unusual, or unconventional technique, and you are harmed by it, the case may or may not be medical malpractice depending on whether another reasonable surgeon would have attempted the same technique.
The Madison medical malpractice attorneys at Warshafsky Law have years of experience with unusual and common types of medical malpractice cases, from incorrect medication to surgical mistakes. We’ve achieved record amounts of financial compensation for our clients. Schedule a free consultation to discuss your options for a medical malpractice lawsuit.
6 Common Categories of Medical Malpractice
About a third of all medical negligence lawsuits have to do with surgical errors, making them the most common type of medical malpractice. Medical negligence can occur during the operation or during post-op care. A negligent surgeon may leave surgical instruments in the body, accidentally puncture internal organs, or in some of the most horrifying cases, operate on the wrong patient or the wrong body part.
Related to surgical mistakes are anesthesiology errors. Even if an anesthesiologist does everything exactly right, there is always a risk involved with anesthesia. When an anesthesiologist makes a mistake, the results can be life changing – or life threatening. Too much or not enough anesthesia can lead to serious side effects. An anesthesia overdose can cause vomiting, trouble breathing, seizures, dementia, brain damage, or death. Administering too little anesthesia can lead to anesthesia awareness, a terrifying condition in which the patient is awake, paralyzed, and unable to speak during the surgery.
Other anesthesia errors include:
- Incorrect intubation
- Faulty equipment
- Failure to monitor vital signs
- Failure to recognized possible complications
Medication mistakes can occur anywhere from the time the drug is manufactured to the time it is taken or administered. A doctor may write a prescription incorrectly; a pharmacist may fill the prescription incorrectly; and a nurse or defective equipment may administer the drug incorrectly. A patient could end up taking the wrong medication or the wrong dosage. Best case scenario, the mistake neither helps nor harms the patient. In more extreme cases, the error could cause serious complications and delay proper treatment, making the patient’s condition worse.
Misdiagnosis or Delayed Diagnosis
Failure to diagnose a serious medical condition delays proper treatment, which could be life threatening. Some of the most commonly misdiagnosed conditions in adults include:
- Heart attacks
- Ectopic pregnancy
- Bone fractures
For children, cancer and meningitis are most commonly misdiagnosed. Misdiagnosis often occurs when the real condition shares symptoms with other common health problems.
Related to misdiagnosis lawsuits are failure to treat cases, in which the doctor correctly diagnosed the problem but prematurely discharged the patient or failed to follow up, refer to a specialist, or otherwise treat the condition.
Mistakes made by an obstetrician or OB/GYN during pregnancy or by a doctor during delivery can hurt the mother or child. Negligent prenatal care, such as giving an expectant mother medication that could harm the child, or negligence during childbirth, such as failure to order a timely C-section or inappropriate delivery techniques, can result in permanent physical or mental injuries to the child.
Defective Products or Equipment
In some medical malpractice cases, the hospital or medical professional is not responsible for a patient’s injury or wrongful death. Negligent product manufacturers may provide hospitals with faulty medical equipment used during a patients stay at the hospital. If a product is poorly designed or did not pass safety standards, the manufacturer can be held accountable for any resulting injuries.
Examples of Medical Malpractice Cases in Wisconsin
The medical malpractice lawyers Madison trusts for maximum financial compensation have decades of experience getting justice for the victims of negligent medical professionals. We’re not afraid to go up against big opponents and sue hospitals, doctors, nurses, pharmaceutical companies, medical equipment manufacturers, and negligent healthcare professionals.
INJURED? It IS About The Money.®
A fistula is an abnormal connection between hollow spaces, such as blood vessels, intestines, or certain organs. Often, fistulas are the result of surgery, injury, infection, or inflammation. Most fistulas are present from birth or caused by disease, but in some cases they are the result of negligent medical care, such as surgery or improper follow-up care.
One woman sought help from our Wisconsin medical malpractice lawyers after a complication from her hysterectomy resulted in a rectovaginal fistula. If you have a vaginal fistula or other type of fistula as a result of a doctor’s or obstetrician’s negligence, contact our medical malpractice lawyers in Madison to discuss a fistula lawsuit.
Sue for Perforated Colon
Even a routine procedure like a colonoscopy can go wrong. Bowel perforations and other complications can occur if the doctor performed the procedure negligently. While small perforations often heal on their own, more severe injuries can require surgery, followed by the use of a colostomy bag. A perforated colon lawsuit gets you the money you need to pay your medical bills and recover from medical negligence.
One woman suffered a perforated colon during hip surgery and developed a serious infection. Ongoing complications required a series of surgeries to correct the problems. With the help of our Madison medical malpractice law firm, she received a settlement of $1.7 million in her perforated colon lawsuit.
Delayed Diagnosis of Heart Attack
A heart attack is one of the most commonly misdiagnosed conditions, especially in women. Delayed diagnosis or misdiagnosis can, of course, be life threatening. Being sent home from the hospital without treatment doubles the risk of death from a heart attack.
When a 59-year-old woman with decades of experience as a registered nurse suspected a heart attack, she went to the hospital right away. The hospital delayed her treatment with paperwork and told her and her son they to call her doctor. Her condition worsened over the next 20 minutes, and eventually her heart stopped. If you’ve suffered heart attack misdiagnosis or a loved one has suffered wrongful death due to delayed diagnosis, our medical negligence lawyers will hold the responsible party accountable.
Medication Errors Cause Brain Damage
While recovering from heart bypass surgery, a 61-year-old man was given the wrong medication. The drugs caused seizures, cardiac arrest, and ultimately severe brain damage. No longer able to earn a living, he deserved compensation for his medical expenses and loss of future earnings. The Madison medical negligence lawyers at Warshafsky Law brought a brain damage lawsuit against the hospital on his behalf, achieving an award of $6.5 million (adjusted for inflation).
Wrongful Death of Unborn Child
In order for the loss of an unborn baby to qualify for a wrongful death lawsuit, the child must have been mature or developed enough to have survived outside the womb if the negligence had not occurred. Although recovering damages in a lawsuit for the wrongful death of an unborn child can be difficult, our Wisconsin wrongful death lawyers will find the cause of the death to determine whether or not medical malpractice occurred.
Win Your Wisconsin Medical Malpractice Lawsuit with the Best Madison Law Firm
Insurance companies value the quality of your medical malpractice law firm rather than the severity of your injury. Hospitals’ insurers know Warshafsky Law won’t settle for a lowball offer. From the day we take your case, we begin preparing for trial.
With a free case assessment, no monthly bills, and No Win, No Fee policy, our medical malpractice legal representation doesn’t cost you a penny. We’re so confident in our ability to get you the compensation you deserve, we’ll finance your case until it’s completed, and we don’t get paid until you do.