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David J. McCormick

David McCormick’s Answers

5,032 total


  • I had surgery and mistakes were made by the surgeon

    Went in for knee replacement surgery on 7-1-2015. Vendor brought the wrong piece and surgeon cut my MCL and nicked a nerve. Recovery has been slow and I drained my saving and lost my job because I was unable to return to work in a timely manor. Is...

    David’s Answer

    Sorry to hear about your situation. While it appears that the surgeon may have violated the standard of care, the real problem with your case is the potential damages. Since you are still alive, not crippled or in a vegetative state, I would say that you will be hard pressed to find an attorney to take your case because of the damages issue.

    Doctors are winning upwards of 80% of the medical malpractice cases filed in Wisconsin. That, coupled with favorable jury instructions, the fact that almost no Wisconsin doctors will testify against their fellow doctors make medical malpractice cases some of the most expensive cases to try as a plaintiff’s attorney because we have to hire expensive out-of-state experts. On top of that we have the tort-reform damages caps to deal with. Bottom line, a case must have a potential of hundreds of thousands of dollars in damages before most attorneys will even consider looking at it.

    Lastly, we have our Walkerized Supreme Court, which could easily take away any verdict you may win on appeal given their pro business/insurance decisions.

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  • Can a job try to fire you while you are on workers comp?

    Been on workers comp twice. Been trying to find other things to fire me for so they won't have to pay for workers comp.

    David’s Answer

    Wisconsin is an at will employment state, which means your employer can fire you for any non-discriminatory reason. That said, they cannot fire you for being on worker’s comp. because they could be on the hook for various monetary penalties.

    If you are fired then contact a local worker’s comp. attorney ASAP.

    Good luck.

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  • Need a caring attorney to help with desisions

    Sent from surgeon n wc gal to go to work on light duty (max 10lbs) but I was not assessed on anything, can barely walk or sit for long. Went to work on 26th, can barely walk into building, was there 12 minutes n the hr n another gal carted me to ...

    David’s Answer

    If you are currently being treated by any medical provider referred by the worker’s comp. carrier then stop all treatment immediately and go to your primary care physician ASAP and explain your situation. Also, do not, I repeat do not, let the worker’s comp. representative go in the room with you when the doctor examines and/or talks to you. Have them stay out in the waiting area.

    There is not much a worker’s comp. attorney can do for you until your claim is denied, but talk with a local worker’s comp. attorney to find out all your rights.

    Good luck.

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  • Is there a statue of limitations on workman comp claims? I injured myself at work July 30, still have pain in Achilles tendon

    Saw doctor Oct 6. My company aware of injury August

    David’s Answer

    Currently you have 12 years from the date of injury or from the last date benefits were paid to bring a worker’s comp. claim. Unfortunately Gov. Walker and his cohorts are currently trying to reduce the statute of limitations.
    Make sure you call your State Senator and Representative and tell them to vote against this assault on Wisconsin’s 100+ year-old worker’s compensation system.

    Good luck.

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  • What is my recourse on a major dog bite with limited medical insurance?

    No dispute on coverage of the dog's owners insurance. The medical insurance according to State Farm is only $1000. It is far exceeding this amount with a plastic surgeon. Liability coverage is existent. How do I take care of outstanding medical co...

    David’s Answer

    Sorry to hear about your situation.
    Do you have health insurance? If so, then submit the bills through your insurance and worry about potentially paying them back at a later time. Remember, it is not in your best interests to give the insurance company a recorded statement.

    Good luck.

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  • My car insurance offered me a check for $1k after being in an accident with an uninsured driver. Can I legally get more?

    I was in a car accident with a driver that ran a red light. She was found at fault and does not have insurance. I have uninsured motorists coverage that will cover body harm and medical. I have whiplash but my son was also in the car and is shaken...

    David’s Answer

    No, do not cash the checks. When were you hit? Are you still treating? What are your total medical bills and who is paying them?

    These are all questions that need to be answered before settling your case.

    Goos luck

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  • Need advice on a situation..

    The cashier at wal mart decided it would be funny to shine her scanner light into my 15 month old sons eyes and laughed when he was shaking his head and crying. The floor manager was very rude and reluctant to do anything about it, then decided a ...

    David’s Answer

    I agree with theprevious posts. Without any injury to your son (thankfully) you cannot sue. You definately need to put your complaint in writing to corporate.

    Good luck.

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  • Do I need attorney if her insurance company has to do a investigation first before they will help me. I don't have an extra car.

    She failed to yield on green and hit myself and another car

    David’s Answer

    Whatever you do DO NOT give a recorded statement. If you have rental insurance on your auto policy then use that for now, if not then you are going to have to wait. Also, if you were injured then call a local personal injury attorney before talking with the adjuster.

    Their investigation usually means they are waiting for a copy of the police crash report and potentially talking with the witnesses.
    If you get a copy of the crash report then get it to the adjuster ASAP.

    Good luck.

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  • Do I have a case that I could possibly get some compensation for? I am a retired Brewery Worker from Miller/Coors Brewing Co.

    I worked there for 32 years. Have recently diagnosed as having Idiopathic Pulmonary Fibrosis. I have been told that this illness can be from excessive exposure to strong chemical and /or excessive amounts of cardboard dust. My lungs are fried an...

    David’s Answer

    Sorry to hear about your medical condition. You first need your pulmonologist to say that your exposure at work caused your current condition. Also, if you are a union member then ask your BA to get copies of the MSDS sheets for the chemicals used in the workplace because your pulmonologist will need this information.

    It would be wise to talk with a local experienced worker’s comp. attorney before making a worker’s comp. claim.

    Good luck.

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  • Can I be charged for prescription fraud? So I will try to make this simple...recently I went to a psychiatrist and internist.

    psych prescribed a medication I don't like but I filled it and tried it then tossed it. A few weeks later I went to an internal medicine doctor (within the same network) for a second opinion and ended up getting same medication just a different d...

    David’s Answer

    You need to have a face to face meeting with your psych to set things straight. If the clinic contacts the police then you need to call a criminal defene attorney ASAP.

    Good luck.

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