Questions + Answers About

Medical Malpractice

How long do I have to file a claim following medical malpractice?

The statute of limitations is a time limit established by the laws of Wisconsin, and it determines how long you have to file a lawsuit. The statute of limitations varies depending on the details of your medical malpractice case, so we recommend you pursue your case immediately.
See More

Do I still have a medical malpractice case if my health insurance paid my medical bills?

Insurance payments do not impact your right to bring a medical malpractice case to court, but your settlement amount may be affected if insurance covers all or part of your medical expenses. Insurance companies and healthcare providers can issue a lien against your settlement proceeds, which can lower the amount you receive in a settlement.
See More

Is it medical malpractice if I have had a bad result or complication?

A bad outcome or complication alone is not evidence of malpractice. Medical malpractice occurs when the care provided by the medical provider falls below the accepted standard of care for that profession, and that failure caused harm. You must have both negligence and a bad outcome or complication to have a medical malpractice case.
See More

Who can file a medical malpractice case?

In Wisconsin, the injured party or the spouse, domestic partner, child, parent or guardian of the injured party may bring a medical malpractice case.
See More

How should I document my concerns in a medical malpractice case?

Medical malpractice cases require you establish these specific facts:

- A doctor-patient relationship existed
- The doctor was negligent
- The doctor’s negligence caused the injury
- The injury led to specific damages

Collect as much information possible to establish these facts. Medical records, pre/post op instructions, emails, voicemails and video related to the medical procedure in question help prove your case.
See More

Who is liable for medical malpractice?

Doctors are most often liable when their direct actions cause you to suffer harm.

Most hospitals contract doctors rather than employ them. The contractual agreements are often a way for hospitals to distance themselves in the event of malpractice. However, some issues may arise that allow the hospital to hold liability in this type of case.

You may prove that the hospital holds liability if they contract a doctor who they knew had a history of negligence or was not properly trained. Hospitals must ensure you have the proper care. When they put you in harm’s way by allowing a negligent or untrained doctor to practice medicine, they’re liable for any damages you sustain.

If both parties are liable, you may be able to take legal action against both the hospital and the doctor.
See More

Still need an answer? Ask us.

If we haven't yet answered your question, feel free to send us a message and we'll do our best to get back to you with an answer.