How to Pursue a Medical Malpractice Lawsuit in Wisconsin’s Courts

Pursuing a medical malpractice lawsuit in Wisconsin's courts can be a complex process that requires a clear understanding of the laws surrounding medical negligence. This guide outlines the steps to help you navigate through a medical malpractice claim effectively.

Understanding Medical Malpractice in Wisconsin

Medical malpractice occurs when a healthcare provider deviates from the standard of care, resulting in harm to the patient. In Wisconsin, the standard of care is defined as the level of care that a reasonably competent medical professional would provide under similar circumstances. To prove a medical malpractice claim, four key elements must be demonstrated: duty, breach, causation, and damages.

Step 1: Consult with a Medical Malpractice Attorney

The first step in pursuing a medical malpractice lawsuit is to consult with an experienced attorney specializing in medical malpractice law. Your attorney can evaluate your case, help identify whether you have a valid claim, and guide you through the legal proceedings. Be prepared to share all relevant medical records and documentation of the alleged malpractice.

Step 2: Obtain Medical Expert Opinions

Wisconsin law requires that you have a medical expert assess your case and confirm that the standard of care was breached. This expert will typically provide a written opinion supporting your claims. Their testimony will be crucial in establishing the validity of your lawsuit.

Step 3: File a Notice of Injury

In Wisconsin, before filing a lawsuit, you must provide a written notice of injury to all potential defendants. This notice must be sent at least 90 days before you file a lawsuit. It serves to inform the healthcare provider about the claim and gives them an opportunity to settle before the lawsuit proceeds.

Step 4: Begin the Legal Process

If a settlement is not reached after the notice period, your attorney will file a formal complaint in the appropriate Wisconsin court. The complaint must detail your allegations, the parties involved, and the damages you are seeking.

Step 5: Discovery Phase

Once a lawsuit is filed, both parties enter the discovery phase. This is where both sides exchange evidence, witness lists, and any medical records relevant to the case. Discovery can be extensive, often involving depositions and requests for documents.

Step 6: Mediation and Settlement Negotiations

In many cases, courts in Wisconsin encourage mediation before the trial. Mediation is a voluntary process in which a neutral third party helps facilitate a settlement. If both parties come to an agreement, the lawsuit can be resolved without going to trial.

Step 7: Trial

If mediation fails, your case will proceed to trial. During the trial, both sides present their evidence and arguments before a judge or jury. After examining the facts, the judge or jury will deliver a verdict determining liability and the amount of damages, if any, awarded to the plaintiff.

Step 8: Appeal Process

If either party is unsatisfied with the trial verdict, they may have the option to appeal the decision. The appeal must be filed within a specific timeframe, and the appellate court will review the case for any legal errors made during the trial.

Conclusion

Pursuing a medical malpractice lawsuit in Wisconsin is a multifaceted process that requires legal expertise and a solid understanding of medical standards. Working with an experienced attorney will increase your chances of achieving a favorable outcome. Remember to act promptly as there are statutes of limitations that limit the time you can file your claim.