How to Pursue a Case for Wrongful Death Due to Medical Malpractice in Wisconsin
Medical malpractice can have devastating consequences, and in the tragic event of a death due to negligence, pursuing a wrongful death case can help families seek justice and compensation. In Wisconsin, the process involves several steps that must be carefully followed. Here’s how to go about pursuing a case for wrongful death due to medical malpractice.
Understand the Legal Framework
In Wisconsin, wrongful death claims are governed by state law. Under Wisconsin Statutes, a wrongful death claim may be filed when someone dies due to the negligence or wrongful act of another party. Medical malpractice falls under this category if a healthcare professional fails to provide the standard of care, leading to a patient’s death.
Gather Evidence
The first step in pursuing a wrongful death case is to gather all relevant evidence. This includes:
- Medical records related to the deceased’s treatment.
- Documentation of the healthcare professional's actions leading up to the death.
- Witness statements from family members, friends, or other medical staff.
- Expert testimonies from other medical professionals who can support your claim.
These pieces of evidence are crucial in establishing that the healthcare provider acted negligently.
Consult with an Experienced Attorney
Medical malpractice cases can be complex and require a deep understanding of both legal and medical concepts. It's advisable to consult with a Wisconsin attorney who specializes in wrongful death and medical malpractice cases. An experienced attorney can help assess the merits of your case and guide you through the legal process.
Determine Liability
To successfully prove a wrongful death claim, it's essential to establish liability. This involves showing that:
- The healthcare provider had a duty of care towards the patient.
- They breached that duty by failing to meet the appropriate standard of care.
- This breach directly caused the death of the patient.
Gathering sufficient evidence and expert testimony will be integral to proving these points.
File a Claim within the Statute of Limitations
In Wisconsin, the statute of limitations for filing a wrongful death claim is typically three years from the date of death. However, this can vary based on specific circumstances, such as the discovery of negligence occurring after the death. It’s critical to file your claim within this timeframe to avoid losing your right to seek compensation.
Prepare for Mediation or Trial
Many wrongful death cases are settled through mediation, where both parties negotiate a settlement without going to court. If a settlement cannot be reached, your case may go to trial. Your attorney will help you prepare for both scenarios, ensuring you present a strong case, whether in mediation or in front of a judge and jury.
Seek Compensation
If your case is successful, you may be entitled to various forms of compensation, including:
- Medical expenses incurred prior to death.
- Funeral and burial expenses.
- Pain and suffering of the deceased.
- Loss of income and financial support.
- Loss of companionship and emotional support.
These compensatory damages can help alleviate some of the financial burdens resulting from the loss.
Stay Informed and Engaged
Throughout the process, stay informed and actively engage with your attorney and the process. Open communication can help ensure that your case remains on track and that you understand each stage of the proceedings.
Pursuing a wrongful death claim due to medical malpractice in Wisconsin is a challenging journey, but with the right evidence, legal support, and understanding of the process, families can seek justice and find some measure of closure.