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Elkhorn Personal Injury Law Blog

3 injured victims in the hospital after car accident in Wisconsin

Wisconsin motorists who were traveling in the area of New London on a recent Thursday evening might have experienced delays. This was caused by the closure of Highway 45 following a car accident that involved two vehicles. Police were busy with investigations at the crash scene for about four hours before the highway was reopened.

A preliminary police report indicates that a 40-year-old man from another state was southbound on the highway when he attempted to pass a car traveling in the same direction. However, he apparently failed to notice an approaching northbound vehicle. The ensuing collision caused injuries to three people.

Medical malpractice: Surgeon removes pancreas instead of tumor

Carelessness or inattention on the part of health care professionals can cause long-term consequences for patients. The term used to describe such negligence is medical malpractice. If patients in Wisconsin or elsewhere are harmed, they or their families can sue the medical institutions, doctors, surgeons and any other medical personnel that can be linked to the negligence. Such a lawsuit was recently filed in another state after a surgeon was accused of making a surgical error.

According to court documents, a 63-year-old woman went for scheduled surgery to have a malignant tumor removed from her left adrenal gland, which is attached to the top of the kidney. However, it is alleged that the surgeon removed almost half of the plaintiff's pancreas instead of the cancerous tumor. The claim also states that a second surgeon had to perform another procedure days after the initial surgery to remove pancreatic leakage that caused fluids to accumulate in her abdomen.

Wrong-way car accident kills 1 driver, severely injures passenger

Wisconsin State Patrol reported that it is investigating a crash that occurred on Sunday, Sept. 17 in Dodge County. This was a fatal car accident that claimed the life of one person. It also caused critical injuries to another. Along with WSP, several other emergency services rushed to the scene, including EMS crews, firefighters and Flight for Life.

According to a preliminary accident report, the incident occurred on State Highway 60 shortly after 11 a.m. not far from the Town of Rubicon. Officials indicate that an SUV was traveling in the wrong direction on the highway. For reasons yet to be determined, it was eastbound in the lane carrying westbound traffic.

Uninsured motorist: Pizza delivery invalidates full coverage

Drivers in Wisconsin may be taking significant financial risks without realizing it. A common clause in auto insurance policies might leave the vehicle owner responsible for any damages, depending on the reason for the trip when an accident occurred. A Pizza Hut employee in another state who thought she had full coverage found herself to be an uninsured motorist.

The driver was delivering a pizza -- using her personal vehicle -- when she crashed into another car. She knew she was at fault, but she thought her insurance would cover the damages. However, her claim was rejected because there was a clause in the policy stating that coverage would not be provided if the vehicle is used for any other purpose than personal transport if the driver does not have commercial coverage. Her insurers suggested she file her claim through Pizza Hut, but the company would only cover medical expenses.

Personal injury claim may follow dog attack in Wisconsin

Residents of Wisconsin will likely be aware of the responsibilities dog owners have to prevent attacks on other people who may visit their properties. However, what happens when a person is bitten by a dog in a public area? Can such an attack lead to a personal injury lawsuit?

Such an incident occurred in Eau Claire on a Tuesday morning in August. Reportedly, a man who was on the walking path of the fields at the University of Wisconsin-Eau Claire was attacked by two dogs at about 11:30 a.m. The young man who allegedly walked the dogs did not stay at the scene, and the County Health Department organized a search for him and his two dogs.

Alleged DUI auto accident claims passenger's life

Drunk driving accidents in Wisconsin are as prevalent as in other states, often claiming the lives of innocent victims. The Wisconsin State Patrol recently reported the preliminary details of a fatal auto accident that involved a driver who was allegedly impaired by alcohol. The incident occurred in Washburn County on the afternoon of Aug. 21.

The accident report states that this was a single-vehicle crash that occurred on County Highway A. The circumstances that led to the wreck were not provided, except that the vehicle was operated by a 48-year-old woman from Springbrook, and that she had a 54-year-old passenger who suffered serious injuries. An ambulance transported the injured passenger to a local hospital from where she was later airlifted to another medical facility. However, she did not survive.

Medical malpractice 3rd largest cause of death nationwide

Professionals in any occupation can be sued, but it was reported that five of the 10 most sued professionals work in the various fields of medicine. Wisconsin residents may find it interesting that the 10 areas of specialties that face the most medical malpractice claims are also those of the physicians that save the most lives. They are oncology, urology, pulmonary medicine, obstetrics and gynecology, plastic surgery, gastroenterology, general surgery, orthopedic surgery, neurosurgery and thoracic-cardiovascular surgery.

The Medical Malpractice Center indicates that the third largest cause of death nationwide is medical negligence. Of the total, an estimated 195,000 deaths result from physicians' errors while approximately 80,000 to 100,000 people die because of misdiagnosis each year. Mistakes can be made by professionals in any field; however, only in some areas can errors result in deaths. While doctors may always aim to save lives, mistakes can bring about exactly the opposite.

Are you a victim of a distracted driving accident?

Although car accidents are not the only cause of spinal cord injuries in Wisconsin, a significant number of them follow wrecks. What is concerning is the fact that national statistics show that crashes caused one in every three spinal cord injuries. More and more often, a victim of spinal cord injuries will say his or her condition resulted from a distracted driving accident.

Analysis of road accidents revealed that the risk of being involved in an accident while texting on a mobile device is 23 times higher than when a driver is not distracted. It is also interesting to note that even talking on a cell phone while using a headset or other hands-free device does not reduce the risk of crashing substantially. The fact remains that anything that takes a driver's attention off the road creates a crash risk.

Family may pursue financial relief after fatal car accident

Losing a loved one in a crash that appears to have been caused by a driver who was under the influence of alcohol often leaves surviving family members with many unanswered questions. How to cope with the unanticipated expenses is typically one of those questions. Dealing with insurers in the aftermath of a fatal car accident can also prove to be challenging.

Such may be the case for a Wisconsin family after a fatal collision claimed the life of a 65-year-old woman on a recent Monday evening. Police reports indicate that the incident occurred in Holmen. The investigators are reconstructing the crash scene to determine the exact detail, but it is alleged that a 35-year-old Viroqua resident was impaired when he crashed into the vehicle in which the woman who died was an occupant -- it is not mentioned whether she was the driver or a passenger.

What is the purpose of underinsured motorist coverage?

Although motorists in Wisconsin must have auto liability insurance, many vehicle drivers do not comply and drive uninsured. For that reason, any person who is involved in an accident may discover that the at-fault driver has no insurance coverage. That will mean the innocent party must settle his or her own medical expenses. However, even if the at-fault driver has insurance, it might be an underinsured motorist, meaning that only some of the damages may be covered.

This is why Uninsured Motorist and Underinsured Motorist coverage was created. The minimum liability coverage required varies from state to state. If an at-fault driver meets only the minimum requirements, it might not be nearly enough to cover the medical costs of the other driver.

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Godfrey, Leibsle, Blackbourn & Howarth, S.C.

Godfrey, Leibsle,
Blackbourn & Howarth, S.C.

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Elkhorn, WI 53121

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