What is Medical Malpractice?
Medical malpractice is often defined as negligence by a medical professional or in a medical setting.
Medical negligence requires a medical professional's breach of the medical standard of care resulting in injury or harm to a patient. The standard of care for medical professionals differs from the general standard of care of a reasonable person in that it analyzes the situation according to a similarly trained and experienced medical professional under similar circumstances.
These medical professionals rarely come forward on their own, and it often requires a battle of pursuing the truth with the help of an experienced medical lawyer to hold doctors and hospitals accountable.
Most Common Types of Medical Malpractice Claims
There are many forms of medical malpractice that could lead to significant harm to a person and result in a lawsuit. Some examples include:
- Operating on wrong limb / Procedures performed in wrong area
- Failure to remove foreign instruments during surgery
- Missed/Wrong Diagnosis
- Improper or a delay in treatment
- Birth Injury
Do You Have a Medical Malpractice Case?
There is no "one size fits all" answer to this question. Each case requires meticulous investigation utilizing medical records and medical experts.
Some things to consider about medical malpractice claims are:
- Did you establish a patient-caregiver relationship? This means that the doctor or healthcare provider was hired by you and provided direct treatment (not just offering general advice or a casual consultation).
- Was the physician's care negligent?
- Do you have a specific injury, and it is directly linked to the care you received (as opposed to a pre-existing condition)?
- If proper care was provided promptly, would the outcome have been different?
When Can You Bring a Medical Malpractice Claim?
Medical Malpractice cases are some of the most challenging types of cases to resolve in Milwaukee and throughout Wisconsin.
The statute of limitations (i.e., deadline to file a lawsuit) for Wisconsin medical malpractice lawsuits is three years from the date of the negligence or one year after you discover that your baby was injured, but not more than five years after the medical error.
If you don't file your case before the deadline, the court will likely dismiss it, and you will lose your right to pursue damages.
Lawsuit Requirements in Wisconsin for Medical Malpractice Cases
In Wisconsin, you are not required to file a certificate of merit with the Court. Many states do require this certificate in medical malpractice cases. Meaning, Wisconsin does not require a retained medical expert to certify early on in the case that the case has merit, although a Wisconsin Medical Malpractice Attorney knows the benefits of retaining medical experts early on in the process.
Either before you file your lawsuit or within 15 days after you file your lawsuit, you must submit a request for mediation. Mediation is a dispute resolution process and, in medical malpractice cases, it involves a neutral panel of three people, including a health care provider, an attorney, and a lay person. The mediation period is usually 90 days.
If you don't reach a settlement agreement at mediation, you can then proceed with your lawsuit.
Damages and Compensation
The amount and types of compensation available to an individual in medical malpractice case vary greatly based on the specific circumstances of the case. In Wisconsin, due to tort reform, some of these damages are capped as well, meaning there is a maximum amount allowed for recovery as decided by Wisconsin law.
Common types of damages awarded in a medical malpractice case include economic damages and non-economic damages. In limited cases, there may be recovery of punitive damages.
Economic damages include the monetary amounts that an injured party pays as a result of the injury sustained from a hospital/doctor's negligence, which can include:
- Medical bills
- Future medical and treatment expenses
- Past and future wages
Non-economic damages are the "human" damages or intangible effects of the injury, such as the pain and suffering experienced after a medical error. Wisconsin law allows medical malpractice victims to recover up to $750,000 for such non-economic losses.
Contact a Wisconsin Medical Malpractice Attorney Today
When faced with a medical malpractice claim, a hospital or doctor will certainly be equipped with legal counsel and will likely be unwilling to cooperate. You may never receive an apology or acknowledgment of any kind from the medical provider, whether you win a legal battle or not. So, you shouldn't fight alone either or be bullied by a large corporation with endless resources.
Contact Kristen for a free consultation at (414) 999-3771 to share your story and to Be Seen, Be Heard, Be Safe, and Be Championed.