WISCONSIN MEDICAL MALPRACTICE
Medical Negligence in Wisconsin - commonly referred to as medical malpractice or med mal - is when a health care provider or medical practitioner is negligent in his treatment of a patient and that patient is injured because of the treatment or lack thereof. Medical practitioners are negligent in Wisconsin if their actions do not meet the standard of care followed by similarly qualified medical professionals in treating the same condition. Some actions, including the following list of actions, may lead to a medical malpractice claim:
A Wisconsin medical malpractice attorney should be promptly contacted if you have been injured because of a health care provider's negligent care.
Who Can Commit Malpractice In Wisconsin?
Health care practitioners and providers may be responsible for medical malpractice. Any establishment or individual certified or licensed to offer medical services in Wisconsin is considered a health care provider. The following are examples of health care practitioners: psychologist, nurse, physician, hospital, assisted living facility, medical day care center, dentist, or chiropractor. If you are confused and need answers about who does or does not qualify as a health care provider, get in touch with a Wisconsin med mal lawyer who can help explain it to you.
Wisconsin Medical Malpractice Statutes of Limitation
Injuries suffered by a patient because of the negligent action or inaction of a medical practitioner must be filed within the later of three years of the behavior complained of that caused the injury, or within one year of when the injury reasonably should have been discovered. Please note, however, that in no event can a med mal claim be filed after five years from the date of the act or omission that caused the injury.
As in some other states, Wisconsin has a special statute of limitations for medical malpractice claims filed by minors. In Wisconsin, a minor's medical malpractice case must be filed by the later of his tenth birthday, or within the three-year standard statute of limitations period for medical malpractice.
Be sure to discuss the statute of limitations with a Wisconsin medical malpractice lawyer, as filing after the requisite time period will cause your claim to be barred or your case to be dismissed.
Damages Limitations On Wisconsin Medical Malpractice Claims
Wisconsin law provides for compensatory damages and punitive damages. Compensatory damages may be divided into economic damages and non-economic loss damages. The State of Wisconsin caps the amount of non-economic (pain and suffering, lost wages, medical expenses) damages at $750,000. Punitive damages are available in Wisconsin to punish a health care provider if the health care provider's actions are found to be malicious or intentional.
How To File A Wisconsin Medical Malpractice Claim
If you suspect that your injury was caused by medical malpractice, you must speak with a Wisconsin medical malpractice lawyer to ensure the best possible outcome in your case. Medical malpractice claims are not claims you want to file by yourself. They are highly complicated, costly, and potentially long term. For instance, a med mal case generally necessitates the taking of depositions, finding and hiring expert medical witnesses, dealings with large insurance companies and lawyers defending the medical care provider. In addition, often suit must be filed against several people, including doctors and/or nurses who were responsible for your treatment, the hospital in which you stayed, and manufacturers whose medical equipment was defective and caused you injury. To ensure that mistakes are not made in filing and arguing your medical malpractice claim, be sure to get advice from a Wisconsin med mal lawyer about structuring your case.
Wisconsin Statutes Annotated