Wisconsin Medical Malpractice Attorneys

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If you or a loved one has been the victim of medical malpractice in Wisconsin, it is important to seek legal representation as soon as possible. A medical malpractice attorney can help you understand your rights and options, and can help you pursue compensation for your injuries.

There are many experienced medical malpractice attorneys practicing in Wisconsin. Here is a list of some of the most notable:

Attorneys in Milwaukee

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Common Types of Medical Malpractice Cases in Wisconsin

Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, causing harm to a patient. In Wisconsin, common types of medical malpractice cases include:

Negligence

Negligence is the most common ground for medical malpractice claims. It occurs when a healthcare provider fails to exercise the same level of care that a reasonably prudent provider would under similar circumstances. Examples include:

  • Failure to diagnose or misdiagnosis of a medical condition
  • Improper administration of medication
  • Surgical errors

Recklessness

Recklessness involves a conscious disregard for the safety of others. In medical malpractice cases, recklessness may occur when a healthcare provider acts with knowledge that their actions could cause harm, or when they proceed without regard to the potential consequences.

Intentional Harm

Intentional harm occurs when a healthcare provider deliberately causes injury to a patient. This is the most serious type of medical malpractice and can result in criminal charges in addition to civil liability.

The Legal Process for Filing a Medical Malpractice Claim in Wisconsin

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Filing a medical malpractice claim in Wisconsin involves several key steps and considerations. Understanding these steps can help you navigate the legal process effectively.

Statute of Limitations

Wisconsin has a statute of limitations that sets a time limit for filing a medical malpractice claim. Generally, you must file your claim within three years of the date the malpractice occurred. However, there are exceptions to this rule, such as when the malpractice was not discovered within the three-year period.

Filing a Claim

To file a medical malpractice claim, you must first provide written notice to the healthcare provider or facility within 60 days of discovering the malpractice. You must then file a formal complaint with the court within the statute of limitations period.

Expert Witnesses

Expert witnesses play a crucial role in building a strong medical malpractice case. These witnesses are medical professionals who can provide testimony regarding the standard of care and whether it was breached by the defendant.

Medical Records

Medical records are essential evidence in medical malpractice cases. They provide a detailed account of the patient’s medical history, diagnosis, treatment, and prognosis. Gathering and reviewing these records is a key part of building a strong case.

Damages Recoverable in Medical Malpractice Cases in Wisconsin

In Wisconsin, victims of medical malpractice can seek compensation for the damages they have suffered as a result of the negligent or reckless actions of a healthcare provider. These damages can include both economic and non-economic losses.

Compensatory Damages

Compensatory damages are intended to make the victim whole again by reimbursing them for the expenses and losses they have incurred as a result of the medical malpractice. These damages can include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

Punitive Damages

Punitive damages are awarded in rare cases where the healthcare provider’s conduct was particularly egregious. These damages are intended to punish the provider and deter them from engaging in similar conduct in the future.

Nominal Damages

Nominal damages are awarded in cases where the victim has suffered no actual damages. These damages are intended to recognize that the victim’s rights have been violated, even if they have not suffered any financial or physical harm.

Significant Damage Awards in Recent Wisconsin Medical Malpractice Cases

In recent years, Wisconsin courts have awarded significant damage awards in medical malpractice cases. Some of the largest awards include:

  • $10 million for a woman who suffered a brain injury during childbirth
  • $7.5 million for a man who was paralyzed after a botched surgery
  • $5 million for a child who suffered developmental delays after a doctor failed to diagnose a birth defect

Choosing a Medical Malpractice Attorney in Wisconsin

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When selecting a medical malpractice attorney in Wisconsin, it is crucial to consider their experience, reputation, and communication skills.

Experience

Experience in handling medical malpractice cases is essential. Look for an attorney who has successfully represented clients in similar cases, understands the complexities of medical law, and has a track record of obtaining favorable outcomes.

Reputation

Reputation matters. Check online reviews, ask for referrals from other attorneys or healthcare professionals, and inquire about the attorney’s standing within the legal community. A good reputation indicates that the attorney is respected by their peers and has a history of providing quality legal services.

Communication Skills

Effective communication is key. Choose an attorney who is responsive, listens attentively to your concerns, and explains legal concepts in a clear and understandable manner. Open and honest communication fosters trust and ensures that your interests are being effectively represented.

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