The Legal Process of Filing a Medical Malpractice Lawsuit in Wisconsin

Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, leading to patient injury or harm. In Wisconsin, filing a medical malpractice lawsuit involves a specific legal process that potential plaintiffs must follow to seek justice and compensation.

1. Understand the Basics of Medical Malpractice
In Wisconsin, medical malpractice claims are typically based on negligence. This means that the healthcare provider failed to act with the level of care that a reasonably competent professional would have used under similar circumstances. Common examples include misdiagnosis, surgical errors, and improper treatment.

2. Consult a Medical Malpractice Attorney
Before filing a lawsuit, it’s crucial to consult with an experienced medical malpractice attorney. They can evaluate your case, determine if you have a valid claim, and guide you through the legal complexities. Many attorneys offer free consultations, so you can discuss your situation without financial commitments.

3. Obtain a Certificate of Merit
Wisconsin law requires plaintiffs in medical malpractice cases to submit a Certificate of Merit. This document, prepared by a qualified healthcare professional, affirms that the plaintiff's case is credible and that the alleged negligence is supported by expert testimony. Securing this certificate is a crucial step before proceeding with the lawsuit.

4. Filing the Lawsuit
After obtaining the Certificate of Merit, your attorney will file a formal complaint in the appropriate Wisconsin court. The complaint outlines the details of the case, including the defendant’s alleged actions, the injuries suffered, and the damages sought. Once filed, the defendant will be served with legal documents, beginning the litigation process.

5. Discovery Phase
The discovery phase involves both parties gathering evidence and exchanging information relevant to the case. This may include medical records, expert witness testimonies, and depositions. Thorough preparation during this stage can significantly impact the outcome of the case.

6. Mediation and Settlement Negotiations
In many cases, parties may choose to enter mediation to resolve the dispute outside of court. Mediation is often a less formal and more cost-effective way to reach a settlement. If mediation fails, the case may proceed to trial.

7. Trial
If a settlement cannot be reached, the case will go to trial. During the trial, both sides will present their evidence, and a jury (or a judge) will make a decision regarding liability and damages. It’s essential to have a skilled attorney to effectively advocate on your behalf during this process.

8. Post-Trial Actions
After the trial, the court will issue its verdict. If you win the case, you’ll receive an award for damages. If you lose, your attorney may discuss options for appealing the decision if there are grounds to believe that legal errors influenced the outcome.

Conclusion
Filing a medical malpractice lawsuit in Wisconsin can be a complex and lengthy process. Understanding the steps involved and working with a knowledgeable attorney can help navigate this challenging journey. If you believe you have been a victim of medical malpractice, seeking legal guidance promptly is essential to protect your rights.