Wisconsin Medical Malpractice Lawyer

Medical malpractice often leads to personal injury lawsuits in the U.S., with thousands of payments made annually. If you suspect harm due to a Wisconsin healthcare provider’s negligence, you should consider a medical malpractice lawsuit against the provider. 

Lawyers at the Injury Lawyer Team have extensive experience handling wrongful death claims arising from medical negligence by hospitals and physicians. We work on a contingency fee basis, meaning our clients don’t have to pay any legal service fees until our medical malpractice attorney resolves their case through negotiations or litigation.

Contact our legal team to schedule a free consultation with our skilled personal injury lawyer. We will help you seek maximum compensation for your injuries. 

Key Information on Medical Malpractice in Wisconsin 

According to the National Practitioner Data Bank (NPDB), 26% of all medical malpractice payments from 2012 to 2022 were attributed to non-physicians.

The Medscape Malpractice Report 2021 indicated that the top reasons patients sue physicians for malpractice include misdiagnoses and surgical complications.

For nurses, common reasons for malpractice allegations include failure to communicate, failure to monitor, and documentation errors, according to Nurse Journal.

A 2019 study on the association of adverse effects of medical treatment with mortality in the United States found that, over a 26-year period, approximately 123,603 deaths were caused by medical errors. This equates to an average of about 4,754 deaths annually.

In Wisconsin, the estimated medical malpractice payouts totaled $224.35 million from 2012 to 2022.

In 2022 alone, $20.1 million was paid out in Wisconsin medical malpractice claims.

The most common type of medical malpractice claim in Wisconsin is “Improper Performance,” followed by “Failure to Diagnose.”

Wisconsin has the Injured Patients and Families Compensation Fund, which provides medical providers with excess coverage beyond an initial $1 million in insurance.

What is Medical Malpractice in Wisconsin? 

Medical malpractice occurs when a healthcare provider’s mistake leads to injury or death. This can happen with a doctor, nurse, hospital, or medical facility operated by state or federal agencies. Patients or their families may seek compensation for these injuries.

In Wisconsin, medical malpractice cases follow unique laws, including specific deadlines and filing requirements. Patients can seek damages when harmed by medical negligence or wrongful actions, but these cases can be expensive and complicated. They often require legal assistance from a reputed medical malpractice lawyer who can help them in the process of filing a claim. 

Medical Malpractice Cases in Wisconsin Our Lawyers Accept

The Injury Lawyer Team handles a wide range of medical malpractice lawsuits in Wisconsin, offering legal representation to those who have suffered harm due to medical negligence. Our Wisconsin medical malpractice lawyers handle a variety of cases, including:

Surgical Errors: Cases involving medical negligence during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient.

Misdiagnosis or Delayed Diagnosis: Medical malpractice cases where healthcare providers fail to diagnose a condition accurately or delay the diagnosis, leading to severe health consequences.

Medication Errors: Medical negligence cases involving prescribing the wrong medication or dosage, or failing to consider drug interactions, causing patient harm.

Birth Injuries: Cases involving medical malpractice during labor and delivery, resulting in injuries to the newborn or the mother.

Anesthesia Errors: Medical malpractice cases where there are errors in administering anesthesia, causing complications such as brain damage or death.

Hospital-Acquired Infections: Cases where patients contract infections in a healthcare facility due to poor sanitation or negligence.

Negligent Prenatal or Postnatal Care: Medical malpractice lawsuits where healthcare providers fail to provide adequate care during pregnancy or after childbirth, leading to harm to the mother or child.

In Wisconsin, medical malpractice cases require a thorough understanding of medical standards and legal procedures. The Injury Lawyer Team works closely with medical experts to build strong personal injury cases. They work to secure fair compensation for medical expenses, lost wages, pain and suffering, and other damages linked with medical negligence cases.

Wisconsin Statute of Limitations for Medical Malpractice Claims

The statute of limitations refers to the timeframe in which you must file a claim. In Wisconsin, you have three years from the date of injury to file a medical malpractice claim. Missing this deadline may result in losing the right to seek compensation.

There are exceptions, such as when injuries are not immediately noticeable. Consult a medical malpractice attorney to avoid missing important deadlines and requirements.

Filing a Wrongful Death Claim Related to Medical Malpractice 

When medical malpractice by healthcare providers leads to a patient’s death, surviving family members may file a wrongful death claim. In Wisconsin, such claims are handled differently than other wrongful death claims. Only spouses and minor children can file claims, and there are limits on compensation.

What Compensation Can We Seek for Medical Malpractice Cases in Wisconsin? 

Victims of medical negligence can receive various types of compensation from the medical professional, including:

Wisconsin law prohibits punitive damages in most medical malpractice lawsuits, except for the sexual exploitation of a patient.

By understanding the legal nuances of medical malpractice, you can navigate these cases more effectively. Consult with a medical malpractice lawyer for guidance and representation.

Are There Any Caps on Damages in Wisconsin Medical Malpractice Cases? 

In Wisconsin, the cap on noneconomic damages in medical malpractice cases is set at $750,000 under state law (Wisconsin Statute section 893.55(4)). 

This cap limits the amount of compensation a plaintiff can receive for pain, suffering, and other non-financial losses caused by medical negligence. Although some legal challenges to the cap have occurred, it remains a protective measure for healthcare providers against excessive litigation.

Wisconsin Medical Malpractice Lawsuit: Modified Comparative Fault Rule

In Wisconsin, medical malpractice lawsuits follow a modified comparative fault rule. This means the court assigns a percentage of blame to each party involved. The plaintiff can only recover damages if their fault is 50% or less. Damages awarded to the plaintiff are reduced based on their share of fault.

For example, if a court finds you were 35% responsible for an injury, and the healthcare provider was 65% responsible, you would receive 65% of the damages awarded. This 51% rule ensures liability while allowing injured patients to seek fair compensation for medical negligence.

How the Injury Lawyer Team Will Help You With Medical Malpractice Claims 

Patients who have experienced medical errors or negligence, need to build strong cases, by proving that the healthcare provider’s actions deviated from the standard of care, leading to their injuries.

Our medical malpractice lawyers in Wisconsin provide essential support to clients in the following ways:

Free Case Evaluation: They assess the viability of a medical malpractice claim based on medical records and expert opinions. Our medical malpractice attorneys offer a free case evaluation to all clients in Milwaukee, Wisconsin. 

Case Investigation: Medical malpractice lawyers conduct thorough investigations, gathering evidence such as medical records, witness testimonies, and expert opinions to build a strong case.

Negotiation: They negotiate with insurance companies and medical professionals to reach a fair settlement, aiming to secure compensation for medical expenses, lost wages, and pain and suffering.

Legal Representation: If a settlement cannot be reached, a medical malpractice lawyer represents clients in court, presenting evidence and arguing on their behalf.

Support and Guidance: Throughout the process, medical malpractice attorneys offer emotional support and guidance, helping clients navigate the complexities of the legal system.

Hire an Experienced Wisconsin Medical Malpractice Attorney to Seek the Justice You Deserve 

If you have suffered injuries or experienced the death of a loved one due to medical errors or negligence, you are entitled to seek compensation. Our team provides legal representation and support for individuals affected by medical negligence in Milwaukee, Wisconsin. 

The Injury Lawyer Team, sponsored by Rosenfeld Law Offices, has years of experience in fighting cases of medical malpractice whether it’s done by doctors, nurses, midwives, or other health care providers. We ensure you are compensated for both financial and non-economic damages like pain and suffering. 

Contact our law firm today at (888) 424-5757 to schedule a free consultation. All confidential or sensitive information you share with our medical malpractice lawyers will remain private under an attorney-client relationship.