Medical Malpractice Analysis

Improved Essays
In Wisconsin, medical malpractice victims are attempting to seek justice for those they say the courts have continually ignored or stepped on - the victims themselves. At the moment, Wisconsin only allows spouses, minor children and the parents of those minor children to launch a wrongful death lawsuit against a medical practitioner, but those days might be coming to an end.

Senator Nikiya Harris Dodd, a Democrat from Milwaukee, is proposing new legislation that would allow parents of adult-aged children, such as college students, to sue medical practitioners whose errors directly cause the death of parents or adult children. This is the second time Harris Dodd is bringing this bill forward. The bill died in committee in 2014, but Todd has
…show more content…
Though Harris Dodd would like to give rights to adult children, he recognizes that small steps may be the best method of advancing, especially because both the Senate and State Assembly are controlled by Republicans.

Harris Dodd is hoping the toned-down version of the bill will appeal to other lawmakers as well as lobbyists for insurance, business and medical groups. These groups have strongly opposed the bill ever since its first creation, but a spokesperson for the Wisconsin Medical Society lobby stated that the group would not outright oppose the bill initially. They would like to see the costs broken down before they decide whether or not to oppose the bill.

To help politicians, lobbyists and voters relate to the bill, Harris Dodd is calling the bill "Erin's Law," after Erin Rice. The 20-year-old adult died in 1999 as a result of a negligent emergency room physician at a hospital in West Virginia. This physician filed to correctly diagnose Rice's condition, mistaking pneumonia for dilated cardiomyopathy. Wisconsin state laws stopped Rice's parents from filing a wrongful death suit because their child was considered an

Related Documents

  • Great Essays

    New York City College of Technology City University of New York Law and Ethics Case: Jeanette M. and the Phone Call Erica Rotstein October 7, 2017 Professor Bonsignore HAS 3560 -Legal Aspects of Health Care Abstract The advancement in the field of medicine over the years has led to doctors and health care providers having more responsibilities on their hands. This brings into question what should and shouldn’t be done, as well as what is morally and ethically right. However, this isn’t so cut and dry.…

    • 1877 Words
    • 8 Pages
    Great Essays
  • Superior Essays

    Dorrough V. Wilkes (2002)

    • 1733 Words
    • 7 Pages

    NUR 714 Legal Case Study Analysis Paper Dorrough v. Wilkes (2002) No 2001-CA-00117-SCT Jonathan R. Heshler California University of Pennsylvania NUR 714 Legal Case Study Analysis The purpose of this paper is to analyze and review the case of Dorrough v. Wilkes (2002). This civil case involved a female patient (Gwendolyn Wilkes) presenting to the emergency room at Boliver County Hospital, being misdiagnosed and discharged by Dr. Dorrough, dying the next day at another hospital after emergency surgery and the patients husband and son bringing a wrongful death medical malpractice action suit forth.…

    • 1733 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    This case brought by the plaintiff’s parents, Mr. Walter Vanaman and Mrs. Nancy Vanaman, and the minor plaintiff, Ms. Barbara Vanaman. On June 1964, while Ms. Barbara Vanaman played in her backyard and fell into a hole, she twisted her ankle. The family was trying to reach their primary physician but they couldn’t get in contact with their doctor. They immediately took the patient to Milford Memorial Hospital. Prior seeing the doctor, the nurse asked the family if they wanted any doctor specific, since they didn’t know anybody at this hospital, they were okay to see anyone.…

    • 509 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Oliver Vs Brock Case Study

    • 1381 Words
    • 6 Pages

    The court defended that there is no law that refuses the professional freedom of physicians to compare problem-solving approaches to their counterparts in order to improve the quality of services they provide to the public. Dr. Ketcham’s affidavit concludes that he had no contact with Dr. Brock concerning the care or treatment of Oliver. He also noted that he was not aware of any contact between the Plaintiff and Dr. Brock while she was a patient at Bryan Whitfield Memorial Hospital. The supporting evidence mentioned above, lucidly supports Dr. Brock’s motion for summary judgment based on the adjudication of the…

    • 1381 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Case Study Of Negligence

    • 2383 Words
    • 10 Pages

    After Officer Onge explained what to do in case of emergency, his first call came in. Dispatch had received a call from a gentleman by the name of Mr. Jenkins. The situation was that Mr. Jenkins was riding near the construction on Canton Connecter when a piece of rock fell out of a dump truck and damaged the windshield of his vehicle. Mr. Jenkins needed an officer to come so that he could file this accident with his insurance company. After some miscommunication, and trying for find this gentleman for over 15 minutes, we finally found him and his jeep on the side of an exit.…

    • 2383 Words
    • 10 Pages
    Improved Essays
  • Decent Essays

    When people undergo medical procedures, they put their lives in someone else’s hands. Though everyone deserves the highest standard of care, medical negligence is a very real problem around the country. If you sustained new or worse injuries because of a healthcare professional’s negligence, Cronin Fried Sekiya Kekina & Fairbanks in Honolulu, HI, will help. At Cronin Fried Sekiya Kekina & Fairbanks, they help clients pursue justice from doctors and hospitals for gross negligence and misconduct.…

    • 323 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Orr V. Bell Case Summary

    • 1040 Words
    • 5 Pages

    Exceptional care and professional responsibility is a standard form of practice the general public rely upon for their health care needs. But, what happens when codes of conduct, rules and codes of ethics are violated and physicians fail to provide adequate care and diagnostics? When circumstance like this arise, who becomes responsible for the negligence on behalf of the patient? In the case of Orr vs. Bell, due to the negligence on behalf of Dr. Bell, the patient Orr went misdiagnosed and eventually became paralyzed. The review of this case will document and prove due to Dr. Bell’s failure to follow nationally recognized Radiologic ethics and rules Dr. Bell failed to determine Orr’s medical issue and therefore was responsible for the outcome…

    • 1040 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Negligence or Malpractice? The burden of proof lies with the plaintiff. I have spent the last ten years as a paralegal and dealing with all kinds of cases. During those ten years, we represented plaintiffs and defendants.…

    • 604 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    This case involved the plaintiff suing a doctor because they didn’t tell her that her baby had down syndrome. This case was what Judge Kaddo called it a wrongful life case. The plaintiff had only visited the doctor(defendant) twice. The defendant’s counsel was claiming the test done was legitimate. One of the issues in the case was that the mom was already at an older age to have a baby, they did the test and things were read as normal.…

    • 979 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Usually we hear of stories where physicians get sued because they fail to abide by a patient’s wishes, however, the article “All-Time Craziest Frivolous Lawsuits”, (Krane 2014), discusses how a physician was sued for abiding to a patient’s wishes. The article provides insight into how some malpractice lawsuits impact physicians who try to provide patients with standard of care, only to have care refused by them and then later have legal action taken against them for complying with their wishes. The author best explains how physicians are affected by malpractice lawsuits in stating, “The assault on their reputations and the emotional upheaval they face can be traumatic even when the lawsuit is obviously fraudulent” (Krane, 2014, p. 1). This particular article discusses the story of a man who cut his hand off because he “saw the number ‘666’ written on it and stated that he heard voices which told him to cut it off. When the on-call surgeon was called in for a consult, the patient stated that if the surgeon reattached his arm, “he would cut it off again” (Krane, 2014, p. 1).…

    • 401 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Frances House Case

    • 1473 Words
    • 6 Pages

    Not yet finished, Plaintiffs then claim Frances House did not “tell the reader” what its “purpose” was in challenging certain allegations in paragraph in counts L and LIV. Plaintiff again quotes long passages from its Seventh Amended Complaint and then concludes that paragraph 25 of Counts LII and LVI is “merely a statement of medical fact.” (Pls. Resp. Mot.…

    • 1473 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Drobner V. Lancet Case

    • 920 Words
    • 4 Pages

    1. The issue in this case is if the Drobner v. Peters case should be used as a precedent to dismiss the Woods v. Lancet case, that is whether or not an infant plaintiff could recover damages for injuries allegedly sustained in the mother’s womb during the ninth month of pregnancy resulting in serious injuries, permanently damaging the infant. Citing Drobner v. Peters, the Special Term granted the motion and dismissed the suit on the grounds that infant plaintiff’s failed to state a cause of action, thus taking the position that its allegations, though true, gave the infant no right to recover damages in the courts of New York. The defendant also claimed that there was no medical evidence that proved the plaintiff’s injuries resulted from her…

    • 920 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    This paper will discuss liability and negligence in the healthcare field as well as negligence issue in the healthcare field. Liability is defined as a potential for a lawsuit (Dunn 114). Liability can be found just about anywhere and is a concerning area in today’s age. Healthcare workers are very familiar to this word and been familiarized throughout their careers with this word. I can’t be a scary thing to think about in this field the potential to be sued from an employee level all the way to a corporate level.…

    • 714 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Negligence Case Study

    • 745 Words
    • 3 Pages

    Question 1 Area of the Tort law: Negligence Liability Material Facts: Benji v Parramatta Storms Rugby League Club, Jack and Bronco (Personal Injury- Head)/ Negligence act. Benji (Plaintiff), a first grade league player of Western Tigers Rugby League Football Club was severely injured following a spear tackle by Parramatta Storms Rugby League Club’s (first defendant) players Jack and Bronco (second and third defendants). Benji was therefore forced into career retirement at his peak due to negligent acts of the defendant. Subsequently, National Rugby League charged the second and third defendant with having made a dangerous throw, to which they pleaded guilty. Issues: The most pertinent issue at hand is the fact that whether the defendants…

    • 745 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Since Oregon passed its “death with dignity” law in 1997, four more states have followed suit in giving patients diagnosed with terminal illness the “right” to a hastened death. On the other hand, several states, including California, have proposed but failed to de-illegalize it. This issue has proven to be very controversial--- igniting decades of heated debates, dividing legislators, organizations, and families between “pro-life” and “pro-death,” and shaking the very foundations of the practice of medicine. However, amidst the burgeoning bandwagon effect and the plethora of arguments for the said “right,” I find that it needs to be repealed on these grounds: it threatens and abuses the vulnerable, and casts aspersions on physician integrity.…

    • 1081 Words
    • 5 Pages
    Superior Essays