Wisconsin medical malpractice law requires the injured patient to also prove causation between negligence and subsequent injury. Negligence must be the real cause of the patient's injury. This page provides an overview of medical malpractice claims in Wisconsin, however, it is strongly recommended that you consult with an experienced medical malpractice attorney licensed in Wisconsin to discuss the details of your case. Expert testimony will probably not be required if the medical malpractice lawsuit is based on routine issues that are common knowledge of the jury (for example, if the surgery was performed on the wrong part of the body).
If you were injured and want to file a medical malpractice lawsuit, you are faced with a long and tedious legal battle. If you plan to file a medical malpractice lawsuit (or have already filed one), Wisconsin requires that you participate in mediation with the healthcare provider (s) you intend to sue, in an attempt to reach a settlement before the legal case moves forward. For example, if a doctor gives poor medical advice to an acquaintance while buying milk at the grocery store, he cannot be held liable for negligence, since the doctor and patient have not entered into a relationship. In Wisconsin, government immunity does not protect government-employed medical personnel from medical malpractice lawsuits.
The Wisconsin statute of limitations for a medical malpractice claim can be found in section 893.55 of the Wisconsin Statutes. This rule protects medical professionals from liability if they provide emergency care outside of a medical setting. Wisconsin's state laws regarding medical malpractice are very specific, so you need an experienced medical malpractice attorney who understands local cases. Like many states, Wisconsin has a law that places a limit on the amount of compensation a plaintiff can receive in a medical malpractice case.
A medical malpractice action can be brought in Wisconsin no more than 3 years from the date the injury occurred, or one year from the date the injury was discovered. While providers are negligent when committing medical malpractice, a provider can also be negligent without committing negligence. There is no Wisconsin statute that sets out the requirements for proving your claims in a medical malpractice case. In a medical malpractice case, an example of a request to submit documents would be a request to view the claimant's medical records.
The medical malpractice lawyer will explain the injuries and why the defendant is at fault during the opening statement.
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