Wisconsin Medical Malpractice Lawyer

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Medical malpractice law is form of tort law designed to offer a remedy to patient who suffers an injury from an act or omission by a health care provider, which deviates from accepted standards of practice in the medical community. Medical malpractice can be defined as professional negligence (by a healthcare provider) that causes an injury. Examples of medical malpractice include:

Misdiagnoses of, or failure to diagnose, a disease or medical condition;
Failure to provide appropriate treatment for a medical condition;
Unreasonable delay in treating a diagnosed medical condition.

An injured patient can bring a medical malpractice action against any responsible licensed health care provider, including doctors, dentists, nurses, pharmacists, psychologists and psychotherapists.
Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms. Even within the specialized practice of medical malpractice law, some lawyers have subspecialties of practice, for example focusing on surgical errors, misdiagnoses, or birth trauma cases.
Wisconsin has many experienced attorneys who can help pursue a medical malpractice case. If you have been injured because of the negligent acts of a health care provider, such as a doctor, nurse, medical facility or pharmacist, you may have a medical malpractice case.

There is a statue of limitations in Wisconsin that generally provides a time limit of three years from the date of injury for the filing of a medical malpractice claim. After this time, you may be unable to pursue your case, regardless of your injury. Some exceptions are gomade, however, when the injury or other consequence of the malpractice is not immediately discovered, in which case the statute of limitations may only begin upon discovery. It is best to consult with a medical malpractice attorney at your first inclination of a problem, to determine the statute of limitations in your case.

Medical malpractice attorneys often provide a free initial consultation to discuss the merits of your case. Because Wisconsin law has provided a statutory cap on attorney's fees, you may not find much deviation in fees from one attorney to another. It is important to find an attorney with whom you are comfortable working closely, because medical malpractice cases often take years to pursue. Many attorneys also have nurse legal consultants, paralegals and other office staff who will help prepare your case.

One of the costs involved with pursuing a medical malpractice case is the fees associated with expert witnesses. Most cases require the testimony of expert witnesses to establish the appropriate standard of care in the specific medical circumstance of the case. Expert witnesses are not needed only when the medical error is so obvious that it can be recognized by any reasonable person, such as the Wisconsin case in which a nursing home was found negligent for not buckling a wheelchair seat belt, which led to the injury of a patient.

Because of medical malpractice tort reform, Wisconsin – like many other states – has set limits on the damages for non-economic losses, such as those for pain and suffering. These amounts are adjusted annually for inflation, so your attorney will be able to explain what the non-economic damage cap is for your case. You can also seek economic damages to compensate for lost wages and medical expenses.

Wisconsin has a system in place to help resolve medical malpractice cases out-of-court. Upon request, a mediation panel will help patients and health care providers reach an agreement. Your attorney will help you decide whether this process may be in your best interests. Mediation is not binding and does not preclude you from subsequently pursuing your case in court, although the mediation proceedings are inadmissible in trial.

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