Best Medical Malpractice Lawyers in Wisconsin

About Medical Malpractice Law in Wisconsin, United States

Medical malpractice law in Wisconsin covers situations where a health care provider causes harm to a patient through negligence, failure to follow standard medical procedures, or omissions during diagnosis or treatment. This area of law enables patients who have been injured to seek compensation for damages such as medical costs, lost wages, pain and suffering, or future care needs. Due to the complexity of both medical facts and legal rules, medical malpractice cases in Wisconsin require proof that a provider’s conduct did not meet the commonly accepted standards of care in the medical field.

Why You May Need a Lawyer

Medical malpractice cases are highly complex and often involve medical experts, insurance companies, and detailed evidence. You may need a lawyer if you or a loved one have suffered from:

• Misdiagnosis or delayed diagnosis
• Surgical errors or unnecessary surgery
• Medication errors, such as wrong prescriptions or dosages
• Failure to obtain informed consent
• Birth injuries to mother or child
• Anesthesia mistakes
• Poor follow-up or aftercare
• Infections acquired due to improper sterilization or protocol

A lawyer can help you understand if you have a viable claim, gather evidence, work with medical experts, negotiate with insurers, and represent you in court if necessary.

Local Laws Overview

Wisconsin has specific statutes and procedural rules that make medical malpractice cases different from other types of injury claims.

• Statute of Limitations: Generally, you must file a medical malpractice claim within three years of the alleged act or one year from the date the injury was discovered, whichever comes first. However, there is an absolute deadline of five years after the act occurred, regardless of discovery.
• Notice of Claim: Wisconsin requires a written notice of intent to file a malpractice claim, which must be served to the health care provider at least 90 days before filing a lawsuit.
• Expert Witnesses: Expert medical testimony is usually required to establish both the standard of care and the provider’s deviation from that standard.
• Damage Caps: Wisconsin limits the amount of non-economic damages (such as pain and suffering) a claimant can recover in a medical malpractice case. As of 2024, the cap is 750,000 dollars for non-economic damages.
• Patient Compensation Fund: Health care providers must participate in the Wisconsin Injured Patients and Families Compensation Fund, which helps pay for large claims beyond the providers’ own insurance.

Frequently Asked Questions

What qualifies as medical malpractice in Wisconsin?

Medical malpractice occurs when a health care provider’s conduct falls below the accepted standard of care, resulting in harm to a patient. This can include acts of negligence, omission, or lack of action.

Who can I sue in a medical malpractice case?

You can bring a suit against doctors, nurses, hospitals, clinics, or other licensed health care providers involved in your care.

How long do I have to file a medical malpractice lawsuit?

You generally have three years from the date of the injury or one year from when you discovered or reasonably should have discovered the injury, but never more than five years after the act that caused the injuries.

How do I start a medical malpractice lawsuit?

The first step is usually sending a written notice of intent to each health care provider you may name in a lawsuit at least 90 days before formally filing suit in court.

Do I need expert witnesses in my case?

Yes, expert testimony is almost always required to prove the standard of care and show how the provider deviated from it.

Can I recover damages for pain and suffering?

Yes, but Wisconsin law caps non-economic damages such as pain and suffering to a maximum of 750,000 dollars.

What compensation can I receive?

You may be entitled to compensation for medical expenses, lost wages, future care needs, and non-economic damages such as pain and suffering, subject to statutory caps.

What is the Wisconsin Injured Patients and Families Compensation Fund?

This state-managed fund provides additional compensation to injured patients when claims exceed the liability limits of individual health care provider insurance policies.

Can I resolve my medical malpractice claim without going to court?

Many cases are resolved through settlement negotiations before trial. An attorney can negotiate with insurance companies on your behalf.

How much does it cost to hire a medical malpractice lawyer?

Most medical malpractice attorneys work on a contingency fee basis, which means you pay legal fees only if they recover compensation for you.

Additional Resources

• Wisconsin Department of Safety and Professional Services - oversees licensing and complaints related to health care professionals
• Wisconsin Office of the Commissioner of Insurance - handles inquiries about medical malpractice insurance and the patient compensation fund
• Wisconsin State Bar Lawyer Referral and Information Service - helps you find local attorneys experienced in medical malpractice law
• Wisconsin Courts self-help resources - provides forms, guides, and information about court procedures
• Local hospitals or health care system patient advocacy or ombudsman programs

Next Steps

If you believe you or a loved one have been injured due to medical malpractice in Wisconsin, consider the following steps:

1. Collect and preserve all medical records and documentation related to your care and injuries.
2. Document the impact of the injury on your daily life, including physical, emotional, and financial effects.
3. Consult with a qualified attorney who handles medical malpractice cases in Wisconsin as soon as possible, because time limits apply to your claim.
4. Your attorney will review your case, gather evidence, consult with medical experts, and comply with Wisconsin’s notice and filing requirements.
5. Participate actively and provide your attorney with honest, complete information to help them advocate for your needs with insurers or in court.

Taking swift and informed action can help protect your rights and improve your chances of securing fair compensation for your injuries.