When a person visits their physician or goes to a hospital, they expect to receive the competent and compassionate care they deserve. Sadly, medical mistakes happen with alarming frequency. They often have a significant impact on the lives of the patient and their family.
When a medical professional or a hospital administers inadequate care that harms a patient, filing a malpractice lawsuit with the help of a skilled attorney could provide the injured with some potential for financial relief. Malpractice suits can be complex and going up against the healthcare community can be intimidating, but you do not have to do it alone. Consult with a Kenosha medical malpractice lawyer at Wittmeyer Injury & Accident Attorneys as soon as you discover your injury to get a head start on your claim.
Failure to Meet Standard of Care Triggers Liability
An unfortunate medical outcome may not be a reason to bring a medical malpractice lawsuit. Poor results can occur even when a medical professional renders exemplary care. What distinguishes an unsatisfactory outcome from medical malpractice is if the professionals met the prevailing standard of care.
What is the Standard of Care for Medical Professionals?
The standard of care reflects what a similarly trained professional would offer under the same circumstances. It does not require treatment equal to what a renowned expert in the condition would offer, or even the best available care in the area. A medical professional commits malpractice when they fail to provide treatment that complies with what one would reasonably expect from a similarly qualified person.
Sometimes the failure to meet the standard of care is obvious. Operating on the wrong body part or failing to take the patient’s medical history into account is clearly malpractice. Other failures may not be as clear, however, such as misdiagnosis. A Kenosha healthcare negligence legal advisor at Wittmeyer Injury & Accident Attorneys could consult with medical experts to determine whether the standard of care was met in a particular case, and if not, whether a personal injury suit is warranted.
Limitations on Available Damages in Kenosha
When a medical provider’s malpractice caused harm to a patient, a judge or jury may grant an award of money damages to the injured person. This money is meant to compensate the patient for their injuries and offset their losses. Any expense that the patient incurred or will incur because of their malpractice-related condition can be included in a damage award.
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Non-Economic Damages
Some losses harmed patient may experience are not so easy to quantify. These are called non-economic damages and they can compensate a patient for:
- Pain and suffering
- Mental anguish
- Embarrassment and humiliation
- Loss of enjoyment of life
- Loss of companionship
- Loss of consortium
Because these losses are subjective, a medical malpractice representative will need to persuade the judge or jury that the patient’s suffering and other long-term personal losses merit compensation. Wisconsin law §893.55(b) limits the amount of non-economic damages a plaintiff can collect in a medical malpractice suit to $750,000.
How Long does a Patient Have to File a Medical Malpractice Lawsuit?
A patient has only three years after an injury to file a medical malpractice lawsuit. If the patient did not discover the injury immediately, the law permits them to file suit within one year of the date they discovered their condition. However, if five years have elapsed since the injury occurred, the patient may not bring a medical malpractice lawsuit, even if they just discovered the injury.
Seeking advice from an attorney soon after the discovery of an injury is a wise move. A local healthcare negligence legal representative at Wittmeyer Injury & Accident Attorneys could preserve a patient’s right to sue by ensuring all filing deadlines are met.
Consult a Kenosha Medical Malpractice Attorney to Determine if You Have a Case
Healthcare malpractice lawsuits can present many challenges, which is why you need an aggressive attorney from the Law Offices of R. F. Wittmeyer, Ltd. handling your case. Medical malpractice insurers will defend these cases vigorously and use obstructive tactics until a plaintiff with a legitimate claim gives up.
Get a professional who will fight hard to get you justice from the medical providers who harmed you. Schedule an appointment for a complimentary case review with a Kenosha medical malpractice lawyer today.
Frequently Asked Questions
Medical malpractice occurs when a doctor, nurse, surgeon, or hospital strays from standard medical care, resulting in direct patient harm. Bad medical outcomes alone do not automatically mean negligence occurred. You must prove the healthcare provider failed to act with the skill and care expected of a reasonably competent professional.
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Request complete copies of all your medical records immediately from providers like Froedtert Kenosha Hospital or Aurora Medical Center Kenosha. Keep a journal detailing your symptoms, corrective treatments, and conversations with medical staff. Avoid discussing your concerns with hospital risk management before consulting an experienced medical malpractice attorney.
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Wisconsin enforces a strict three-year statute of limitations starting from the date of the negligent injury. Alternatively, you have one year from the date you discovered or reasonably should have discovered the injury. No lawsuit can be filed more than five years after the negligent act occurred, regardless of discovery date.
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Wisconsin state law requires claimants to file a request for mediation with the Medical Mediation Panels before proceeding to trial. A panel consisting of an attorney, a healthcare provider, and a layperson reviews the case informal environment. This step aims to facilitate settlements, though panel decisions do not bind either party in court.
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Wisconsin law requires qualified medical expert testimony to establish the accepted standard of care and demonstrate how provider negligence caused your injuries. Your legal representative collaborates with independent medical specialists to review treatment records and provide sworn testimony during depositions and trial proceedings.
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Wisconsin caps non-economic damages, such as pain and suffering, at $750,000 for adult medical malpractice claims. Economic damages, including past and future medical bills, lost wages, and rehabilitation costs, have no statutory limits. You can recover full compensation for proven financial losses.
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Hospitals can be held vicariously liable for their employed doctors, nurses, and staff members. If an independent physician commits malpractice, the hospital may still face liability under apparent agency if you reasonably believed the doctor was a hospital employee. An attorney investigates physician employment structures to identify all responsible entities.
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Frequent medical malpractice claims arise from diagnostic errors, misinterpreting lab tests, surgical mistakes, and anesthesia errors. Medication miscalculations, birth injuries, emergency room delays, and failure to monitor patients post-surgery also trigger legal action. Each scenario requires detailed medical analysis to document deviation from care standards.
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Our legal practice operates on a contingency fee basis with no upfront costs to you. We absorb initial investigation expenses, medical record retrieval fees, and expert witness retainers. You pay zero legal fees unless we successfully win compensation through settlement or trial verdict.
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Our firm brings over 40 years of local legal experience fighting for injured patients across Southeastern Wisconsin. Located in downtown Kenosha at 520 58th Street, we maintain immediate access to local court systems and medical experts. Attorney James M. Payne and our trial team aggressively investigate complex medical errors to secure maximum financial recovery.
Suite 101 Kenosha , WI 53140