Medical Malpractice Claims Attorney in Wisconsin

Medical malpractice is one of the leading causes of injury and death in America. According to estimates, it is the third-leading cause of death in America. Consequently, medical malpractice victims and their families have the right to fair compensation.   

So, I would like to take this opportunity to shed light on your options when filing a medical malpractice claim for yourself or on a loved one’s behalf in Wisconsin. At the Paul Benson Law Firm, I have the practice, skill, and compassion to assist you during these challenging times. I proudly serve clients in Janesville, Beloit, and Rock county, Wisconsin.   

What Is Medical Malpractice? 

Medical malpractice refers to injury or death resulting from a doctor’s negligence. Please note that negligence occurs when a medical professional (not just a doctor) fails to perform their duty of care to a patient. Consequently, negligence leads to temporary or permanent injury or death. 

What Are Common Medical Malpractice Claims in Wisconsin? 

Common medical malpractice claims in Janesville and Beloit, Wisconsin, and neighboring areas (Rock County) include:  

• Misdiagnosis. Providing the wrong diagnosis and treatment.  

• Delayed diagnosis. Taking too long to provide a diagnosis leading to injury or death from lack of appropriate treatment.  

• Prescription drug errors. Prescribing medication not suitable for the patient’s condition leading to injury or death.  

• Surgical or procedural errors. Mistakes during surgery or medical procedures leading to injury or death.  

• Childbirth injuries. Injuries sustained by mother and child during childbirth.  

Please note that these claims hinge on proving a medical professional’s negligence. That is why documenting everything related to medical procedures and interventions is crucial when filing a medical malpractice claim. 

Who Can Be Liable In A Medical Malpractice Claim? 

Doctors are most commonly liable in a medical malpractice claim. However, any medical or healthcare professional may be liable in a medical malpractice claim. For instance, nurses, technicians, dentists, assistants, or pharmacists can be sued for medical malpractice.  

Additionally, expert medical testimony is crucial in proving medical malpractice. Renowned medical experts show the court where the healthcare professional’s mistakes were. Then, expert testimony supports victims’ claims of injury or death.  

A knowledgeable medical malpractice attorney can procure medical professionals to serve as expert witnesses. In doing so, victims can seek fair compensation for injury or death from a doctor’s negligence. 

What Are the Elements of a Medical Malpractice Claim in Wisconsin? 

Here are the key elements of a medical malpractice claim in Wisconsin:  

• The doctor-patient relationship. The claimant must clearly prove there was a doctor-patient relationship.  

• The medical professional’s negligence. The claimant must prove negligence through evidence and expert testimony that the healthcare professional failed to perform their duty of care to the patient.  

• Negligence as the cause of injury. Testimony and evidence must clearly prove that the victim’s injuries resulted directly from negligence.  

• Damages caused by injuries. In addition to physical and emotional consequences, other damages such as disability, lost wages, medical expenses, or bankruptcy resulted from negligence.  

Please bear in mind that the statute of limitations for medical malpractice claims is three years in Wisconsin. So, it is best to file a claim sooner rather than later. 

What Is the Fair Compensation Victims Can Get from a Medical Malpractice Claim? 

According to Wisconsin law, noneconomic damages (i.e., pain and suffering) have a $750,000 limit since they are subjective and too difficult to quantify.  

On the other hand, economic damages (i.e., lost wages and medical bills) are quantifiable. As a result, the court can award damages based on objective data. There is no cap on what the court can award claimants.