Best Professional Malpractice Lawyers in Wisconsin

About Professional Malpractice Law in Wisconsin, United States

Professional malpractice in Wisconsin refers to the failure of a licensed professional to perform their duties to the accepted standards of their profession, resulting in harm or damages to a client, patient, or customer. This branch of law most commonly deals with professions such as medical doctors, dentists, lawyers, accountants, architects, engineers, and other licensed professionals. The primary focus is to provide recourse for those who have suffered losses due to negligence, errors, omissions, or misconduct by individuals or organizations holding themselves out as experts in a specialized field.

Why You May Need a Lawyer

There are several situations where you might require legal help if you believe you have been the victim of professional malpractice in Wisconsin:

• If you have suffered physical, financial, or reputational harm due to the mistakes or negligence of a professional, such as incorrect medical treatment, flawed legal representation, or faulty financial advice.
• When you are unsure if the professional's actions constitute malpractice or simple error, and you need advice regarding your potential case.
• If a professional denies responsibility or their insurance company refuses to compensate your loss.
• When facing complex evidence or highly technical matters that require the expertise of both legal and industry professionals.
• To ensure that you comply with all legal requirements, deadlines, and procedures, such as the statute of limitations for filing claims in Wisconsin.
• To negotiate settlements that fairly compensate you for your losses or take the case to court if negotiation fails.

Local Laws Overview

Wisconsin has specific statutes and rules governing professional malpractice cases. Key aspects of local law include:

• Statute of limitations: Claims must generally be filed within a certain period. For medical malpractice, this is typically three years from the date of injury or one year from discovery of the injury, with some exceptions. Other professions may have different limitations.
• Standard of care: Plaintiffs must prove that the professional failed to provide services at the generally accepted level of competence within their field.
• Expert testimony: Malpractice cases often require expert witnesses to establish what the appropriate standard of care was and how it was breached.
• Comparative negligence: Wisconsin follows modified comparative negligence, which means recovery can be reduced if the injured party shares some fault for the loss.
• Caps on damages: Certain types of damages, such as noneconomic damages in medical malpractice, have statutory caps.
• Notice requirements: Some malpractice cases require the plaintiff to provide advance notice to the professional or entity before filing a lawsuit.

Frequently Asked Questions

What is professional malpractice?

Professional malpractice occurs when a licensed individual or firm fails to provide services to the accepted standard of their profession, resulting in harm or damages to a client, patient, or customer.

Which professions are most commonly involved in malpractice claims in Wisconsin?

The most common claims involve medical professionals, lawyers, accountants, architects, and engineers, but many other licensed professionals can also be held accountable for malpractice.

What do I need to prove in a Wisconsin professional malpractice lawsuit?

You must show that the professional owed you a duty of care, breached that duty by failing to meet accepted standards, and caused you measurable harm as a direct result.

How long do I have to file a malpractice claim in Wisconsin?

Deadlines vary. For medical malpractice, you typically have three years from the injury or one year from discovery. For other professions, different time limits may apply, so consult an attorney as soon as possible.

Do I need expert witnesses to win my malpractice case?

Almost all professional malpractice cases in Wisconsin require credible expert witnesses to explain how the professional’s conduct deviated from accepted standards.

Can I recover damages for emotional distress caused by malpractice?

Sometimes. Emotional distress may be compensable if it can be directly linked to the professional’s malpractice. Consult a lawyer to evaluate your specific situation.

What types of damages can I claim?

Damages may include economic losses (such as additional medical costs, lost wages, or financial damage) and noneconomic losses (such as pain, suffering, and loss of enjoyment of life). Some damages are capped under Wisconsin law.

What if I was partly at fault for what happened?

Wisconsin’s comparative negligence law means your compensation can be reduced by the percentage of fault attributed to you. If you are more than 50 percent at fault, you may not recover damages.

Are there special steps I need to take before filing a malpractice lawsuit?

Some malpractice cases, especially in medicine, require advance notice to the professional or filing a specific authorization to proceed. A qualified attorney will guide you through these requirements.

How can a lawyer help me with my professional malpractice case?

A lawyer can assess your case, gather evidence, retain expert witnesses, handle negotiations, ensure compliance with deadlines, and represent you in court if necessary.

Additional Resources

If you need more information or support regarding professional malpractice in Wisconsin, consider these resources:

• Wisconsin State Bar Association - Offers lawyer referrals and general legal information.
• Wisconsin Department of Safety and Professional Services - Handles complaints and licenses for numerous professions.
• Wisconsin Office of the Commissioner of Insurance - For claims or complaints involving insurance agents or companies.
• Wisconsin Medical Examining Board - For medical malpractice concerns.
• Local county law libraries and legal aid organizations - Provide general guidance and free resources.

Next Steps

If you believe you may have a professional malpractice claim in Wisconsin, take the following steps:

1. Gather all relevant documents, records, correspondence, and notes related to your case.
2. Record the timeline of events, including when you first recognized the harm or damage.
3. Contact an attorney experienced in professional malpractice as soon as possible to ensure you meet important deadlines and understand your rights.
4. Discuss potential expert witnesses and what evidence you will need with your attorney.
5. Follow your attorney’s advice on providing notice or additional information to the professional or licensing board if required.
6. Be prepared for settlement negotiations, mediation, or a possible trial, depending on how your case progresses.

Professional malpractice cases are often complex and time sensitive. Consulting with a qualified Wisconsin malpractice attorney is critical for protecting your interests and maximizing your chances of a fair outcome.