When you seek medical care, you trust that doctors, nurses, and healthcare providers will act in your best interests. However, medical errors happen, and when they do, they can have devastating consequences. If you or a loved one suffered harm due to a healthcare provider’s negligence, you may be wondering: Do I have a case for medical malpractice in Wisconsin?

At Martin Law Office, we understand how overwhelming this situation can be. Our experienced legal team is here to help you determine whether you have a valid medical malpractice claim and guide you through the legal process.

What Qualifies as Medical Malpractice in Wisconsin?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or harm to a patient. In Wisconsin, to prove medical malpractice, you must establish the following elements:

1. A Doctor-Patient Relationship Existed: You must demonstrate that the medical professional had a duty to provide you with care. This is typically straightforward if you were under the doctor’s treatment.
2. The Provider Was Negligent: A poor outcome alone does not mean malpractice occurred. You must prove that the provider’s actions deviated from the standard of care that a competent healthcare professional would have provided under similar circumstances.
3. The Negligence Caused Your Injury: It must be shown that the provider’s negligence directly caused your injury or worsened your condition. If your injury would have occurred regardless of the provider’s actions, proving malpractice can be challenging.
4. You Suffered Damages: You must demonstrate that you suffered harm—such as physical pain, emotional distress, additional medical expenses, lost wages, or disability—as a result of the negligence.

Common Types of Medical Malpractice Cases

Medical malpractice can take many forms, including but not limited to:

• Misdiagnosis or Delayed Diagnosis – Failing to correctly diagnose a condition in a timely manner can lead to improper or delayed treatment, worsening the patient’s condition.
• Surgical Errors – Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside a patient, or errors with anesthesia, can cause severe complications.
• Medication Errors – Prescribing or administering the wrong medication or dosage can lead to serious health issues.
• Birth Injuries – Negligence during pregnancy, labor, or delivery can result in life-altering injuries to both the baby and the mother.
• Failure to Obtain Informed Consent – If a doctor does not adequately inform a patient about the risks associated with a procedure, and the patient suffers harm as a result, it may be considered malpractice.

Wisconsin’s Medical Malpractice Laws

Wisconsin has specific laws regarding medical malpractice claims. Here are some key points to know:

Statute of Limitations

In Wisconsin, you generally have three years from the date of injury to file a medical malpractice lawsuit. However, if the injury was not immediately discoverable, you have one year from the date you discovered or should have discovered the injury, but no more than five years from the date of the alleged malpractice.

Damage Caps

Wisconsin law places a cap on non-economic damages (such as pain and suffering) in medical malpractice cases. The current cap is $750,000 for non-economic damages against healthcare providers. However, there are no caps on economic damages, such as medical bills and lost wages.

Expert Testimony Requirement

To establish medical malpractice, expert testimony is typically required to explain how the provider’s actions deviated from the standard of care.

How Martin Law Office Can Help

Medical malpractice cases are complex, requiring extensive medical and legal knowledge. At Martin Law Office, we take a personalized approach to every case, thoroughly investigating the circumstances, consulting medical experts, and fighting for the compensation you deserve.

If you believe you or a loved one has suffered due to medical negligence, don’t wait. Contact us today for a free consultation. Our dedicated team is here to listen to your story and help you navigate the legal process with confidence.

Call Today for a Free Case Review

At Martin Law Office, we are committed to holding negligent healthcare providers accountable. If you have questions about a potential medical malpractice case, reach out to us today at 414.856.4010 to schedule a FREE case consultation. Let us help you seek the justice and compensation you deserve.