When you place your trust in a healthcare provider, you expect competent, professional care that meets accepted medical standards. Unfortunately, medical errors occur more frequently than many people realize, sometimes causing serious harm or even death.
Medical malpractice lawsuits serve as a legal remedy for patients who have suffered injuries due to negligent medical care, providing a pathway to recover compensation for damages while holding healthcare providers accountable for substandard treatment.
Here is how the litigation process works in Wisconsin from the Milwaukee medical malpractice lawyers at Cannon & Dunphy S.C.
What Counts as Medical Malpractice in Wisconsin?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care that a reasonably competent medical professional would provide under similar circumstances, resulting in harm to the patient. Common examples include:
- Misdiagnosis or delayed diagnosis that leads to worsened conditions
- Surgical errors, including wrong-site surgery or leaving instruments inside patients
- Medication errors involving incorrect prescriptions or dosages
- Birth injuries caused by negligent prenatal care or delivery complications
- Anesthesia mistakes that result in brain damage or death
- Failure to obtain informed consent before procedures
- Hospital-acquired infections due to unsanitary conditions
The Lawsuit Process and Statutory Requirements
Filing a medical malpractice lawsuit in Wisconsin requires careful preparation and adherence to strict legal requirements. You must file your lawsuit within three years of your injury.
However, if you did not discover your injury until a later date, you have one year from the date of discovery to file, up to five years from the date of the malpractice.
Your case will begin with a thorough investigation where your attorney collects and reviews all relevant medical records, hospital charts, test results, and documentation related to your care. During this phase, your lawyer will also consult with medical experts who can analyze the evidence and provide professional opinions about whether the standard of care was breached.
Your attorney will initiate the lawsuit process by filing a formal complaint in court that outlines your allegations against the healthcare provider and establishes the legal basis for your claim.
Once the lawsuit is filed, the discovery phase begins, allowing both sides to gather information through depositions, interrogatories, and document requests. During this time, your attorney will work to negotiate a fair settlement with the defendant’s insurance company or legal representatives.
If settlement negotiations fail to produce an acceptable agreement, your case will proceed to trial. Evidence will be presented to a judge or jury, who will ultimately determine whether malpractice occurred and what compensation you should receive.
Wisconsin’s Medical Malpractice Damage Caps
Wisconsin also places limits on certain types of compensation in medical malpractice cases. While you can recover the full amount of economic damages, such as medical expenses and lost wages, non-economic damages are currently capped at $750,000.
Non-economic damages refer to the physical and emotional pain and suffering that you endured due to the malpractice, such as chronic pain, permanent disability, mental anguish, and post-traumatic stress disorder.
Contact a Wisconsin Medical Malpractice Lawyer Today
Medical malpractice cases are complex and require the right knowledge and experience to navigate successfully. Don’t attempt to handle your claim alone—trust a Wisconsin medical malpractice attorney to evaluate your case, guide you through the legal process, and fight for the compensation you deserve.
Contact us at Cannon & Dunphy S.C. to schedule a free case review and begin your legal journey today.