Types of Battery

In Wisconsin, there are different types of battery with ranging punishments. Substantial battery and aggravated battery are two levels that can be committed, and factors of each unique situation will determine what the penalty is. Actions can be categorized as a misdemeanor or felony, and convictions alter one’s life thereafter.

Substantial battery is the lesser degree of battery. This can occur in various ways, however all actions result in substantial bodily harm to the victim. Injuries that indicate substantial battery include lacerations that require serious medical attention, broken bones, loss of teeth, burns, ruptured blood vessels, or concussions. This type of battery is considered a Class I felony, and the repercussions are up to three and a half years of prison, and a fine up to $10,000.

The second level of battery is aggravated battery. This type is more serious, and occurs when great bodily harm is evident as the result of the violence. Aggravated battery happens when a person intentionally causes great bodily harm, intentionally or unintentionally, or when a person does something that puts another at risk to receive great bodily harm. Such examples are cases in which the victim is left with permanent loss of a body part, death, or is put at the risk of death. These types of crimes are considered Class E or Class H felonies, depending on the severity of the situation. Class E felonies are punishable by up to 15 years in prison and a maximum fine of $50,000. Class H felonies entail lesser consequences, and are punishable by up to six years in prison and a maximum fine of $10,000.

A Waukesha Criminal Defense Attorney should acknowledge battery convictions can damage one’s reputation and career. Often, the penalty can be as drastic as to permanently alter one’s life. With legal representation, it is possible to minimize the consequences of a battery conviction, and diminish the negative effects of the situation.

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Surgical Errors

When stepping into a hospital, a patient expects to be treated by experienced professionals that are diligent in helping them with their ailments. Yet it is not uncommon to leave these facilities in worse shape than a person entered because of the negligent actions of staff or physicians. Every year, roughly 4,000 surgical errors occur that lead to severe consequences and even death. These medical malpractices cost around $1.3 billion dollars every year in lawsuit and damages.

According to the website of Pohl and Berk, surgeons are required discuss common complications of surgery but do not warn patients about risks that a negligent staff could cause. Surgeons refer to surgical errors as “never events.” They are so called because these events should never happen. The years of training and practice that surgeons are required to accumulate are required to eliminate the possibility of these sometimes fatal mistakes occurring. Out of the thousands of surgical errors made annually, 59 percent result in injuries or complications, 33 percent result in permanent injury to the patient, and 6.6 percent result in death.

Common medical malpractice incidents in the operating occur when a surgeon or nursing staff leaves a foreign object within the body cavity, the wrong procedure is performed, or the wrong site was operated upon. Some incidents occur out of negligence by staffs who disregard safety precautions set in place to protect patients from these exact events.

“Time outs” to match medical records are frequently implemented to double or triple check that the correct patient is being operated on. Most operating rooms practice counting sponges and other medical utensils before, during, and after procedures to reduce the rate of foreign objects being left in the body. And generally surgical checklists are in place to keep the doctors and their attending staff accountable for their actions.
The consequences for these surgical errors can be dire, affecting the life of a patient and their family permanently. Consult an attorney in your area if you believe you or a loved one is a victim of a surgical error caused by a negligent surgical staff.

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The Aftermath of Burn Injuries

There is a principle in the first law of thermodynamics that says that energy can neither be created nor destroyed. Wood, when consumed by flame, simply turns to ash and smoke and rubble. It is not destroyed – rather, it is irreversibly changed. This is the fate that awaits victims of burn accidents. Though, in the very worst of cases, the victims of burn accidents do not live to see light again, there are some things that are more difficult to handle.

Such is the case of those who must now live on and survive after going through a burn accident. You know better than to treat potentially hazardous things with anything but care – the same cannot be said for everyone, though. And some people, through their negligence of how their actions could affect other people, could cause some serious injury.

Accidents happen, yes, but if it could have been avoided but wasn’t due to simple negligence or carelessness? Choices can be made freely, yes, but the consequences of these choices are not always quite as kind. The victims of burn injuries have more than just physical injuries to care for as there are loads of financial constraints that must now be accounted for.

Sometimes, all it takes is a few careless seconds to cause irreparable damage to someone and nothing is quite as painful as surviving through degrees of burn injuries. The World Health Organization estimates that there are over 200,000 deaths due to household fires each year, most of which occur in low to middle income families. If you are an innocent victim who has now been made to suffer burn injuries that have irreversibly changed your physical state, as well as loss of precious and hard-earned possessions, due to simple negligence, it is your right and responsibility to seek legal aid in order to claim the costs of reparations owed to you.

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How a DWI can Affect Your Life

The blood alcohol concentration (BAC) limit set by the National Highway Traffic Safety Administration (NHTSA) is 0.08%. This is observed in all US states and enforced on all drivers aged at least 21 years old (for truck drivers and all other commercial vehicle drivers, the limit is 0.04% and for those under 21 years in age, it is zero tolerance). Thus, anyone who will be caught with a BAC level above the stipulated limits can be charged with DWI, which means driving while intoxicated – a serious traffic violation to which heavy penalties are imposed.

DWI or DUI (driving under the influence, the term used in some states) has been identified by the NHTSA as among the top causes of car accidents, which go beyond five million every year (other major causes of accidents are reckless driving, overspeeding, driver error and driving distraction, which is particularly topped by texting or use of a cellphone while driving).

According to the website of the Law Offices of Richard A. Portale, P.C., anyone convicted of a DWI offense can suffer costly fines, time in jail, suspension or revocation of license, mandatory attendance in a DUI/DWI school and community service. In cases wherein the violation involves injuries to, or death of, an innocent victim, or if the violation has been committed repeatedly, the court can require the driver to acquire an SR-22 form, otherwise known as Certificate of Financial Responsibility (CFR) form. The SR-22 last for three years and requires higher auto liability insurance premiums. The court can also require that an Ignition Interlock (also known as Breath Alcohol Ignition Interlock Device or BAIID) be installed in the violator’s vehicle. This device, which has a pre-determined limit of 0.02%, is particularly designed to detect the presence of alcohol in the driver’s breath. If alcohol is detected, then the device will prevent the vehicle from starting.

DWI is a serious offense that no driver will want to be convicted of (considering the fact that even a charge can affect a person’s future even long after the offense has been committed). Thus, it is absolutely important that, if ever charged with this type of offense, the driver should contact only a highly-competent lawyer for the strong defense that may save him/her from a possible conviction or maximum penalties.

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Overdiagnosis May be Considered Medical Malpractice

Quite a number of medical malpractice lawsuits are based on claims that the healthcare professional or provider made a medical error resulting in any number of serious gaffes; failure to diagnose, misdiagnosis, medication errors, wrong site surgery, retained surgical instrument, and so on. All of these are based on the allegation that somehow a mistake was made as pointed out on the website of Milwaukee personal injury lawyers at Habush Habush & Rottier S.C. ®. Overdiagnosis is slightly different.

For one thing, overdiagnosis is not an error per se. Many medical conditions are diagnosed based on a test or series of tests that have a certain rate of false positives. In other words, the tests may be carried out correctly and interpreted correctly, but positive indications of a medical condition may be wrong. This is normal, so it could be argued that because the tests were not infallible that the physician who makes an overdiagnosis is not at fault.

Physicians and other healthcare providers are trained to assess the condition of patients based on a number of factors, one of which is laboratory tests. However, they have the discretion to question test results, knowing that false positives are possible, given a set of circumstances that appear to negate a positive result, or to temper a diagnosis because the results show incipient disease but at a level that is negligible or a natural sign of aging.

The most commonly overdiagnosed conditions include cancer, chronic kidney disease, low testosterone, and pre-dementia. Most people have the risk factors indicative of these and other medical conditions but many remain asymptomatic, or die of causes unrelated to these diseases before it has time to develop. Some do develop early signs of disease but which spontaneously regress with reasonable care.

As pointed out on the website of the Law Offices of Yvonne Fraser there are many ways that person is harmed by negligence. The danger of overdiagnosis is the effect on quality of life. People are so scared of becoming sick that even when there is every indication of good health, they undergo unnecessary treatments that are not only expensive but may have unanticipated consequences that have an adverse effect on health worse than the feared condition. A healthcare provider that knowingly overdiagnoses may be considered negligent when it leads to injury or harm to the patient.

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