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Camera Monitoring and Elder Abuse

There has been a recent trend of states passing laws that permit nursing homes to install electronic recording devices in residents’ rooms, if the residents so request. Illinois is the most recent state to enact […]

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DOJ Establishes Regional Elder Justice Task Forces

Here at Boller & Vaughan, we applaud the actions of the U.S. Department of Justice earlier this year in establishing ten regional Elder Justice Task Forces across the United States. These task forces will consist […]

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Nursing Home Resident-on-Resident Abuse

Researchers recently published the results of a study suggesting that as many as one in five nursing home residents experience verbal or physical abuse from their roommates or other residents. The study took data from […]

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Nursing Homes See Inconsistencies in UTI Policies

According to a new research study from the Center for Health Policy at Columbia University School of Nursing, a 2014 survey showed that 5.4% of more than 88,000 residents at nearly 1,000 nursing homes nationwide […]

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Combatting Infection in Nursing Homes with Electronic Hand Hygiene

Unfortunately, completely avoidable harms occur on a daily basis in nursing homes, many of which are related to the spread of infection. According to the Centers for Disease Control and Prevention (CDC), over 700,000 individuals […]

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What to Expect When You Meet With Your Wisconsin Personal Injury Lawyer

You are likely to be experiencing a wide variety of emotions following your injuries in a car crash. Your injuries are likely to be causing you pain and serious concern about your health in the […]

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What Should I Do Following a Wisconsin Car Accident?

If you are involved in an accident in which you have sustained injuries, your first step, no matter what, should always be to seek medical help and notify law enforcement authorities to make a police […]

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Tips for Handling Your Personal Injury Claim

When you are injured in an accident as a result of another person’s negligence, you are entitled to recover compensation for your losses through a personal injury claim. All personal injury claims are different, but […]

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How Do You Handle Medical Bills Relating to Your Auto Accident?

If you are injured in a motor vehicle accident, you typically will have medical bills that can be quite high, including transport by an ambulance, treatment by a hospital, follow-up doctor visits, physical therapy, and […]

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Distracted Semi Driver Causes Crash That Killed Six

In a recent crash on Interstate 80, Tony Weekly Jr., a distracted semitrailer truck driver employed by Bohren Logistics Inc., an Indiana company, caused a multiple-vehicle accident that resulted in six deaths.  Weekly, who reportedly […]

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UW Crash Study Focuses on Ways to Make Roads Safer

The University of Wisconsin has released the results of a crash study in an effort to make Wisconsin roads safer for all who travel on them. The author of the study focused on severe or […]

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100 Deadliest Days for Teen Drivers

Over the past five years, it has become increasingly apparent that fatal car accidents involving teenage drivers climb substantially during what has been dubbed the “100 Deadliest Days.” This refers to the period beginning at […]

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Driver Fatigue and Crash Risks

A new report from the National Academies of Sciences, Engineering, and Medicine found that insufficient sleep can decrease a commercial motor vehicle (CMV) driver’s alertness level. However, the researchers cautioned that determining the relationship between […]

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33,000 Deaths Occur Due to Speed Limits Over 20 Years

According to a recent study by the Insurance Institute for Highway Safety, increases in speed limits over the past 20 years have resulted in over 33,000 deaths. In fact, in 2013, speed limit increases caused […]

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Wisconsin 8th Worst State for Teen Drivers

Getting a driver’s license is one of the most exciting times in a teenager’s life. However, it also marks a very dangerous period in a teenager’s life. Motor vehicle accidents are not only the leading […]

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Why Do Nursing Homes Use Restraints on Their Residents?

Restraints can take the form of physical restraints, such as straps, belts, bed rails, or other restraining devices on a resident’s bedframe, as well as restraints attached to a wheelchair, such as bars or brakes. […]

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What Should I Do if I Suspect Neglect Led to Death in a Nursing Home?

It can be very shocking to learn that a loved one has passed away while residing in a nursing home, particularly if the death was unexpected. However, the loss can be all the more traumatic […]

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What Are Some Common Types of Nursing Home Abuse?

Abuse to the more than two million individuals residing in nursing homes, assisted living centers, or other elderly care facilities nationwide is not an uncommon occurrence. This is the case despite the significant efforts in […]

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What Are My Rights as a Nursing Home Resident?

Every nursing home resident has basic rights that elder care facilities must respect. When a violation of the rights of a nursing home resident occurs, serious injuries can result. As a result, residents and their […]

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How to Prevent Elder Financial Abuse

Elder financial abuse takes many forms, including taking money or property from an elderly person, forging an elderly person’s signature on financial documents, perpetrating scams or cons, and using undue influence or coercion to induce […]

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Resident-to-Resident Abuse in Nursing Homes

The National Institute on Aging recently funded a study to help determine the prevalence of resident-to-resident elder mistreatment (R-REM) in nursing homes. The study involved a one-month observational study of 2,011 residents in ten randomly […]

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Wisconsin Resources for Elder Abuse and Neglect Cases

As individuals consider different options for long-term care for their loved ones, they obviously want to choose a reliable facility or home health care agency in which they can place their trust. All too often, […]

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Long-Term Care Costs Continue to Rise

The recently released Genworth 2016 Cost of Care Study indicates that the costs of long-term care for elderly Americans continues to skyrocket each year, especially with respect to home-based services, which is where most individuals […]

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Nursing Homes No Longer Using Fall Alarms

According to an NBC news report, a Madison nursing home is one of several nursing homes across the nation that are phasing out bed and chair fall alarms and other traditional fall prevention devices, such […]

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Significant Percentage of Patients Suffer Harm at Rehab Facilities

In a recent government report, researchers found that an estimated 29 percent of patients being treated at rehabilitation facilities for recovery from a stroke, injury, surgery, experienced some type of harm during their stays. These […]

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Spinal Cord Injuries and Auto Accidents

Serious car crashes often result in significant injuries to the drivers and passengers of those vehicles, as well as to pedestrians and bicyclists in some cases. One of the more severe injuries that can result […]

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How Do I Know if I Have a Good Personal Injury Case?

The only objective way to determine whether you have a strong personal injury case or place an estimated level of compensation on your claim is to discuss the matter with an experienced Madison personal injury […]

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If I Win My Wrongful Death Case, Will the Wrongdoer Go to Jail?

Wrongful death claims are civil actions, which generally do not result in incarceration or other criminal penalties. In a wrongful death action, you are restricted to seeking financial compensation for your losses as a result […]

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What is the Difference Between Survival Action and Wrongful Death Action?

Both survival actions and wrongful death actions are available under Wisconsin law. However, there are significant differences between the two different types of claims. Wrongful death and survival damages are completely separate actions that involve […]

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What is Negligence and What Does It Have to Do with My Car Crash?

Negligence is the legal standard that is used to measure liability, or financial responsibility, of a party in a personal injury case. In order to prove that an individual acted negligently in some way so […]

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Do I Have to Go to Court for My Personal Injury Case?

Whether your case proceeds to court is dependent on the nature of your case and your ability to reach a final settlement prior to going to trial. In the vast majority of personal injury cases, […]

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Five Frequently Asked Questions About Personal Injury Cases

Many people have the same sorts of questions about personal injury cases after they or a family member have been involved in a car crash. We hope that providing the answers to the frequently asked […]

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Disclosing Wisconsin Accident Reports: Court Rule Requirements

The Wisconsin Court of Appeals recently ruled that federal law that protects driver’s license information does not permit Wisconsin police departments to withhold information from accident reports. In 1994, Congress enacted the Drivers Privacy Protection […]

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Elderly Women 23% More Likely to be Overprescribed Meds Than Men

According to a study recently published by the University of British Columbia, doctors are more likely to overprescribe medication for women over the age of 65, as opposed to men of the same age group. […]

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Transcription Error Leads to Nursing Home Resident’s Death

A recent news article details how a transcription error at a Minnesota Golden Living facility last fall left one of its residents without necessary medication for several days, culminating in death. The resident had a […]

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Michigan Attorney General Investigates Alleged Mistreatment of Veterans

The Michigan Attorney General launched an investigation earlier this year as to the care being provided at the Grand Rapids Home for Veterans, after the Michigan Auditor General’s report criticized the facility for improper care. […]

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States Fail to Implement Risk Screenings in Medicaid Providers

A recent report from the Office of Inspector General revealed that despite the requirement that new and existing providers implement specified risk screenings in order to enroll in the federal Medicaid program. Since Medicaid funding […]

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Nursing Homes Increasingly Evicting Patients

According to a recent news article, American nursing homes are increasingly evicting their most burdensome patients, which can result in a devastating lack of necessary care for some of the nation’s most vulnerable patients. The […]

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What is Wisconsin’s Elder Abuse and Adult at Risk Reporting Law?

Under Wisconsin law, each county is required to appoint an agency as the elder-adult-at-risk agency. In turn, this agency must establish an elder abuse reporting system, along with a policy for alerting other investigative agencies, […]

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What Are the Most Common Elder Abuse Risk Factors?

As individuals age, they can grow increasingly vulnerable and dependent upon third parties for assistance with medical care and daily living activities. There are a variety of factors that can combine to increase an older […]

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What Level of Care Is an In-Home Health Care Provider Required to Provide?

There are different levels of care that in-home care providers will offer individuals, depending on what level of licensing they receive from the Wisconsin Department of Health Services. Each level of care has different requirements […]

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Differences Between Wisconsin Nursing Homes, Assisted Living and CBRFs

The State of Wisconsin regulates all of types of facilities that provide care to adults throughout the state and is responsible for making sure that they comply with the law. A nursing home provides its […]

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What is Wisconsin Adult Protective Services?

In the state of Wisconsin, the purpose of Adult Protective Services is to help older adults when they have suffered abuse, neglect, or exploitation. In many cases, the individuals who benefit from Adult Protective Services […]

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Drugged Driving Report From Wisconsin DOT

The National Institute on Drug Abuse reports in its 2014 National Survey on Drug Use and Health that ten million individuals over the age of 12 reported driving after consuming drugs in the prior year. […]

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What is Subrogation?

When another party acts negligently and causes an accident in which you sustain injuries, you may think that the other party’s insurance company should pay for your medical bills as they accrue. In practice, however, […]

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Government Considers Mandatory Sleep Apnea Testing for Certain Drivers

A March press release from the U.S. Department of Transportation, Federal Motor Carrier Safety Administration, and Federal Railroad Administration stated that they are gathering input from the public on the impact of screening, evaluating, and […]

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Is Snapchat’s Speed Filter to Blame for Car Wreck?

NBC News recently reported on a personal injury lawsuit filed in Georgia that concerns Snapchat’s speed filter. The suit, which lawyers filed on behalf of man who suffered permanent brain damage in a car crash, […]

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Pedestrian Traffic Deaths on the Rise

The Governors Highway Safety Administration (GHSA) recently released preliminary 2014 data regarding pedestrian traffic fatalities by state. Nationwide, traffic-related pedestrian deaths have continued to increase over the past ten years. In 2014, Wisconsin had 0.78 […]

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Sleep-Deprived Teenagers at Increased Risk for Injuries From Car Wrecks

A recent study from Centers for Disease Control and Prevention found that teenagers who suffer from sleep deprivation are at a greater risk for sports injuries and car crashes. Unintentional injury sustained in motor vehicle […]

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What is the Deadline to File a Wisconsin Personal Injury Lawsuit?

A statute of limitations is a time limit for filing a lawsuit. All states have different statutes of limitation for different types of lawsuits. If you do not file a lawsuit before the statutes of […]

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How Can an Aging and Disability Resource Center Help Me?

An Aging and Disability Resource Center (ADRC) is a central resource for information and assistance about all aspects of aging and living with a disability. Created by the Wisconsin Department of Health Services, ADRCs provide […]

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Do I Have a Right to a Jury Trial in My Personal Injury Case?

Individuals who are pursuing a personal injury claim often ask whether they are entitled to a jury trial in the event that their claim must go to court for resolution. Both in federal court and […]

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What Are the Different Types of Assisted Living Facilities?

Assisted living facilities in the state of Wisconsin include Community-Based Residential Facilities, Adult Family Homes, Adult Day Care, and Residential Care Apartment Complexes. Wisconsin residents who need some level of care monitoring services, but who […]

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What is the Ombudsman Program and How Does It Work?

In accordance with federal law, the State of Wisconsin has established a Board on Aging and Long Term Care, which consists of seven appointed board members, agency staff, and an executive director/state ombudsman. The purpose […]

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How Does Wisconsin Regulate Nursing Homes?

The state of Wisconsin has many laws and regulations in place that govern the operation of nursing homes. Under Wisconsin law, a nursing home is any place where five or more persons reside, who are […]

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Study Shows Wisconsin is 4th Most Dangerous State for Drunk Driving

A new report is showing that Wisconsin is the 4th most dangerous state in the nation for drunk driving. Based on data from Mothers Against Drunk Driving, the National Highway Traffic Safety Administration, the Federal […]

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Allegations of Abuse and Death at Major Nursing Home Chain

CBS Los Angeles is reporting allegations of abuse and wrongful deaths in at least one facility owned by the largest nursing home chain in the state of California. Schlomo Rechnitz, a well-known philanthropist and Los […]

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Tips for Family Members to Protect Their Loved Ones in Long-Term Care

When you place a loved one in a nursing home or other long-term care facility, you assume that facility and medical staff will adequately and properly care for him or her. However, with stories of […]

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Too Many Long-Term Care Dementia Patients Overprescribed Drugs

According to a recent article published in the Journal of the American Geriatrics Society, too many seniors living in long-term care facilities who suffer from dementia are being prescribed drugs that cause them further cognitive […]

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Lawsuit Proceeds Against Health Workers Who Didn’t Report Abuse

Boller & Vaughan, along with Seattle law firm Graham, Lundburg and Peschel, is proud to report a recent unanimous victory before the Washington Supreme Court. In this case, which involved an 83-year-old woman living in […]

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Auto Insurance Statistics and Facts

The Insurance Information Institute collects all kinds of data regarding auto insurance throughout the country. For instance, according to the National Association of Insurance Commissioners, the average costs of carrying auto insurance in 2013 was […]

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What can I do if an Insurance Company is Unreasonable after a Car Accident?

When you are involved in a car accident and suffer injuries and property damage as a result, you may be entitled to compensation from the other driver through his or her insurance company, provided that […]

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How Important is It to Take Pictures at the Scene of an Accident?

The most important thing to do first following an accident is call 911 for emergency medical services if you or anyone at the scene has suffered any type of injury. This should always be your […]

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Am I Responsible if I Let Someone Borrow My Car and He Causes an Accident?

As a general rule, so long as you gave permission for the individual to borrow your car to drive, and he or she did so pursuant to you giving permission, your insurance policy will cover […]

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Are Punitive Damages Available in Wisconsin Personal Injury Cases?

There are several different types of damages, or kinds of compensation, that are potentially available to personal injury accident victims. Whether you are entitled to a particular type of damages depends largely on the circumstances […]

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The Dangers of Drowsy Driving

The U.S. Centers for Disease Control reports that drowsy driving is a serious problem on roadways throughout the United States. The dangerous combination of driving and sleepiness can and does easily result in injuries or […]

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Does Wearing a Seatbelt Really Protect Me?

According to the U.S. Centers for Disease Control, motor vehicle accidents are a leading cause of death among Americans between the ages of one and 54. Although studies show that the regular usage of seat […]

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2016 Fatal Car Accident Statistics in Wisconsin

Despite significant efforts made to improve safety in vehicles, drivers’ behaviors, and roadways nationwide, fatal accidents still occur throughout the United States on a relatively frequent basis, and fatalities from car accidents remain unacceptably high. […]

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Can I Sue if I Am Hit and Injured by a Drunk Driver?

Statistics indicate that about three out of every 10 Americans will be involved in an alcohol-related vehicle crash at some point throughout their lives. Therefore, you should have at least some knowledge about your rights […]

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How Much Will I Get From My Personal Injury Claim?

The value of your personal injury claim will vary dramatically based on the circumstances surrounding your case and the severity and duration of the injuries that you received. Simply put, not all cases are the […]

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Aging Demographics in Wisconsin

According to the U.S. Census Bureau, the median age for individuals in the state of Wisconsin is 38.5, which is an increase from the median age of 36, based on previous census figures. Over 20% […]

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What is the Best Way to Choose a Wisconsin Residential Care Provider?

Medicare.gov, the official U.S. government site for Medicare, operates the Nursing Home Compare database. This website is a source of detailed information for every Medicaid and Medicare-certified nursing home in the United States, which number […]

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When Nursing Home Staff Fails to Properly Monitor Resident Abuse

While many people think of staff members at nursing homes as the individuals responsible for elder abuse, the reality is that resident-on-resident abuse is rapidly becoming a serious problem in American nursing homes. An inability […]

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Financial Exploitation of Nursing Home Residents

Financial exploitation is a common form of abuse of the elderly, especially among nursing home residents, who may not be closely monitored or cared for by nursing home staff. Unfortunately, financial abuse of older Americans […]

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What is Sepsis?

Sepsis is a serious bacterial infection that occurs in an individual’s bloodstream or body tissues, usually due to advanced bed sores or pressure ulcers. Some of the symptoms of sepsis that occur are a high […]

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Understaffing in Wisconsin Nursing Homes Leads to Neglect

Wisconsin law does set forth a specific number of hours of care that a nursing home should provide each day for residents needing skilled nursing care. Additionally, a portion of that nursing care each day […]

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What Kinds of Damages Are Available in Wisconsin Personal Injury Cases?

When you file a personal injury case in the state of Wisconsin, your goal is to obtain compensation for your losses suffered as a result of the negligent actions of another person or entity. The […]

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Medication Errors and Assisted Living Facilities in Wisconsin

Medication errors for residents of assisted living facilities can have a devastating impact, in that they can result in serious injuries or even death, depending on the severity of the error. In fact, medication errors […]

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Wisconsin Law and the Collateral Source Rule

The collateral source rule is a common law doctrine that has impacted personal injury cases in a significant manner for nearly a century. When a hospital or doctor issues a bill to a person who […]

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Wisconsin Fatal Traffic Accidents

In 2013, the most recent year for which accident statistics are available, the Wisconsin Department of Transportation reports that 527 individuals were killed in traffic accidents on Wisconsin roadways. Most fatal crashes either involved a […]

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Where Can I File a Complaint About an Assisted Living Facility?

All too often, individuals with loved ones who reside in nursing home, assisted living facilities, and community-based residential facilities (CBRF), watch helplessly as the health of their loved ones decline, often without a good reason. […]

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Wisconsin Hospitals and Medicare Sanctions

In recent years, the federal government has developed programs that are designed to investigate and document patient safety violations in hospitals. These violations consider the frequency of certain patient safety issues such as infections, hip […]

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How Long Do I Have to File a Personal Injury Claim?

If you are injured in an accident that is caused by another person or business, you may have a valid personal injury claim under Wisconsin law. However, if you do not take action to contact […]

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How Social Media Can Affect Your Personal Injury Claim

Have you ever looked at your Facebook account and are shocked at the content that one of your friends has “shared”? Almost everyone uses some type of social media, including Facebook, Twitter, YouTube, Reddit, Instagram, […]

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What Happens If I Get in an Accident with an Uninsured Motorist?

In most cases, when you are injured in a motor vehicle accident that occurred due to the negligence of another driver, you can seek compensation from the negligent driver for the costs of your injuries. […]

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How Do Personal Injury Attorneys Get Paid?

All too often, individuals hesitate to contact an attorney for any reason, out of fear of being unable to pay high fees that are simply beyond their financial means. Some people figure that since they […]

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When Aged Individuals Go Missing From CBRFs

Community-based residential facilities, or CBRFs, are places where a resident does not require care above intermediate level nursing care, and requires a maximum of three hours of nursing care each week. These facilities allow a […]

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Incorrect Monitoring of Insulin Levels

Monitoring insulin levels is simply a way of life for diabetics; if they fail to correctly monitor their insulin levels, then the medical consequences for them can be severe. Typically, diabetics are well-educated as to […]

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GAO Releases New Report on FDA’s Failure to Safely Monitor Medications

The U.S. Government Accountability Office (GAO) has issued a new report finding that the U.S. Food & Drug Administration’s (FDA) process for tracking drug safety issues still contains serious gaps. Instead, the FDA continues to […]

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Feeding Tube Complications

In some cases, it is necessary for elderly patients to use feeding tubes to obtain necessary sustenance and fluids when they are unable to eat and/or drink normally due to a medical condition. Feeding tubes […]

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When Your Loved One Suffers From Dehydration

While most of us take the ability to get up and get a drink whenever we’re thirsty for granted, the reality is that for many nursing home residents, having limited mobility or being bedridden can […]

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Mandatory Arbitration
Mandatory Arbitration

It’s hard to do anything these days without signing some kind of contract. Want to start service with a cell phone provider? You’ll need to sign a contract. Ordering some kitchen appliances online? You have […]

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Toy Recalls
Toy Recalls

It’s officially December and that means ‘tis the season for gift giving. If you’re one of those very organized people, you may have already started your holiday shopping, or even be done already. Some of […]

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Tips to Avoid ATV Accidents
Tips to Avoid ATV Accidents

We tend to be thrill seekers. Whether that urge is met through skydiving, riding roller coasters, or racing cars, we each have a preferred way to get our adrenaline fixes. Anyone who has ridden one […]

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Premises Liability for Waterfront Homeowners
Premises Liability for Waterfront Homeowners

Wisconsin and waterfront property go hand in hand. Our state has the second largest Great Lakes coastline in the country with nearly 20% of Wisconsin’s geographic area being comprised of waterways. We may not have […]

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4th of July Sparkler Safety Infographic

Sparklers have become a regular part of celebrating the 4th of July, especially for children. Yet, Sparklers are known for causing injuries and can be extremely dangerous. How many times have you heard a parent […]

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When To Get Legal Help After A Drug Or Alcohol Related Accident
When To Get Legal Help After A Drug Or Alcohol Related Accident

Most people are aware that drinking or using psychoactive or mind-altering drug makes driving a vehicle unsafe and illegal. It is one of the leading causes of car accidents. Drinking or using drugs and driving can impair […]

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How Will An Accident Attorney Help Me?
How Will An Accident Attorney Help Me?

Many people are not as informed as they can be about all the ways a Madison accident attorney may be favorable for their case.  However, just because you hire or consult with an accident attorney does not […]

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Who Is Liable In Wisconsin Medical Malpractice Cases?
Who Is Liable In Wisconsin Medical Malpractice Cases?

The Journal of Patient Safety reports that medical negligence is the third leading cause of death in the United States. Health care providers have a duty to maintain certain standards of treatment when caring for […]

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Do I Have A Burn Injury Case?
Do I Have A Burn Injury Case?

The life of a burn victim can be altered completely by the injury, possibly resulting in severe pain, disfigurement, and a host of medical complications. If you live in or around Eau Claire, Wisconsin, and […]

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