http://resources.lawinfo.com/en/Legal-FAQs/Medical-Malpractice/Wisconsin/index.html LawInfo - Legal Resource Center offers free Wisconsin Medical Malpractice legal forms and free Wisconsin Medical Malpractice legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Medical-Malpractice/Wisconsin/what-happens-if-i-am-injured-in-the-course-of.html If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to compensate him or her for the injury. The term medical malpractice is generally used to describe any treatment, lack of treatment, or departure from accepted standards of medical care on the part of a health care provider that results in injury to the patient. Medical malpractice can occur in many different situations. Some examples include incorrect diagnosis, failure to treat, improper treatment, delay in treatment, prescription errors, surgical errors, etc. Wisconsin Medical Malpractice FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Medical-Malpractice/Wisconsin/how-do-i-know-if-my-injury-constitutes-medica.html The standard of care for all Wisconsin health care providers is defined as the degree of skill, care and judgment which reasonable health care providers would exercise in the same or similar circumstances. If the care falls below the accepted standard and injury is the direct and proximate result of the medical professional`s negligence, that medical professional may be liable for damages to the patient for their injury. In general, the patient must show that the health care provider owed a duty to the patient, breached that duty, that the patient suffered an injury that was a proximate result. It is important to note that medical malpractice claims are very difficult to prevail in and are also extremely expensive partly due to the need for qualified expert review and testimony. The burden of proof is on the patient to prove the defendant was negligent and that that negligence was a cause of the injury. Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys. Wisconsin Medical Malpractice FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Medical-Malpractice/Wisconsin/is-there-a-time-limit-in-which-i-need-to-file.html Yes, there is and that time limit is referred to as the statute of limitations. In Wisconsin, medical malpractice actions for personal injury or death must be filed within three years from the date of injury. The statute provides that an action can be brought within one year of the date of discovery of the injury, with a maximum limit of five years from the date of the negligent act. If a health care provider conceals from a patient a prior act or omission, which resulted in injury, an action must be commenced within one year from the date the patient discovered the concealment or should have discovered the concealment. When a foreign object has been left in a patient`s body, an action must be commenced within one year of the date of discovery or when a reasonable person should have discovered the foreign object. When an action is brought on behalf of a minor it must be brought under the above guidelines or by the time the minor reaches ten years of age, whichever is later. For a claimant who is disabled due to insanity, suit may be filed within two years of the disability being lifted, but no more than five years from the date of the negligent act. In an action against a state employee, the state must be notified of a possible suit within 180 days after discovery of the injury. Wisconsin Medical Malpractice FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Medical-Malpractice/Wisconsin/who-can-be-held-accountable-for-the-medical-m.html Generally, a medical malpractice claim can be brought against providers of medical or health care. This can include physicians, nurses, hospitals, and pharmacists, among others. These claims may be brought against individuals, corporations, associations, etc. The courts of Wisconsin have held that the hospital is responsible for the acts of physicians who provide medical care in its facility. Therefore, a hospital may be liable for the negligence of an independent physician. Wisconsin Medical Malpractice FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Medical-Malpractice/Wisconsin/how-much-can-i-expect-an-attorney-to-charge-t.html Most attorneys will take a medical malpractice case on a contingency fee basis. This means they will take a percentage of your recovery in the case, rather than charge you by the hour. The percentage can range from 25% to 40% and is in addition to the attorney`s out of pocket expenses. Please bear in mind that in a medical malpractice case, these expenses can be quite high. Many attorneys will decline a case unless there is potential for a substantial verdict or settlement. There are statutory caps on attorney fees where the recovery is $1,000,000 or more. The court can, however, approve attorney fees beyond these limits in some instances. Wisconsin Medical Malpractice FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Medical-Malpractice/Wisconsin/how-much-can-i-expect-to-be-compensated-for-m.html Wisconsin law provides that non­economic damages, such as pain and suffering, mental distress, loss of enjoyment of normal activities or pleasures of life, etc. is limited to no more than $350,000 for injury or wrongful death of an adult or injury to a minor. It is limited to $500,000 for the wrongful death of a minor. Wisconsin Medical Malpractice FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Medical-Malpractice/Wisconsin/does-signing-a-consent-form-waive-my-rights-t.html No, it does not waive your rights. A typical consent form indicates that you acknowledge the risks involved with a particular treatment or procedure. The health care provider is still responsible for meeting the standard of care associated with such procedure or treatment. Wisconsin Medical Malpractice FAQs Tue, 29 May 2007 21:19:00 GMT