The Legal Process of Pursuing a Malpractice Claim for Birth Injuries in Wisconsin

When a child suffers a birth injury due to negligence or improper medical practices, it is critical for families to understand the legal process involved in pursuing a malpractice claim. In Wisconsin, this journey typically involves several steps that must be navigated carefully to ensure fair compensation for the affected child and family.

Understanding Birth Injuries and Malpractice

Birth injuries can occur due to a range of factors, including lack of oxygen, unnecessary force during delivery, or failure to monitor fetal distress. Not all birth injuries are the result of malpractice; therefore, it is important to establish a clear link between the injury and medical negligence. Wisconsin law defines medical malpractice as a failure to provide appropriate medical care that results in harm to a patient.

Step 1: Consultation with a Medical Malpractice Attorney

The first step in pursuing a malpractice claim is to consult with an experienced medical malpractice attorney who specializes in birth injury cases. An attorney can evaluate the circumstances surrounding the birth injury and determine whether there is enough evidence to proceed with a claim. They will review medical records, consult with medical experts, and guide families on the legal process.

Step 2: Investigating the Claim

After the initial consultation, an investigation will be conducted. This includes gathering all relevant medical documentation, identifying witnesses (such as nurses or other medical personnel), and obtaining expert opinions. The attorney will determine if the medical professionals involved adhered to the standards of care expected in similar situations. If negligence is established, the attorney may decide to formally file a claim.

Step 3: Filing a Notice of Claim

Wisconsin law requires that all medical malpractice claims begin with a formal notice of claim submitted to the healthcare provider, providing them with specific information about the alleged malpractice. This notice must be filed within a specific timeframe (essentially, the statute of limitations), which is typically three years from the date of the injury.

Step 4: Mediation and Expert Review

Wisconsin mandates that all medical malpractice claims go through a mediation process. This involves an expert review panel that assesses the evidence and offers an opinion on whether malpractice occurred. While mediation is not legally binding, it can often lead to a settlement before the case goes to trial, potentially saving time and reducing legal costs.

Step 5: Pursuing Litigation

If mediation does not result in a favorable outcome, the case may proceed to court. The litigation phase can be lengthy and complex, involving pre-trial motions, discovery, and trial preparation. Both parties will present their arguments and evidence to a judge or jury, who will ultimately determine whether malpractice occurred and the amount of damages owed.

Step 6: Settlement or Trial Verdict

Throughout the process, many cases are resolved through settlements, as this often allows families to receive compensation without the stress and uncertainty of a trial. However, if a settlement cannot be reached, the case will go to trial for a jury to decide. If the jury finds in favor of the plaintiff (the injured party), they will award damages that can cover medical expenses, therapy, pain and suffering, and other related costs.

Conclusion

Pursuing a malpractice claim for birth injuries in Wisconsin can be a complicated process, but with the right legal guidance and understanding of the steps involved, families can seek the justice and compensation they deserve. It’s essential to act promptly due to the statute of limitations and to ensure that every aspect of the case is thoroughly investigated and presented.