There is no quiz you can take to determine how strong your case is. Medical Malpractice lawsuits are very complex. The first thing to do is meet with an attorney. Preparation is essential. It helps to also understand that Wisconsin state law regarding medical malpractice is very specific. In the state of Wisconsin, the lawsuit must be filed within three years from the date of injury or one year from the date the injury was discovered. At most, no more than five years can pass from the date of injury before a lawsuit must be filed.
4 Steps to Start a Medical Malpractice Lawsuit
1. Request and make copies of all your medical records
Do this right away to make sure your charts remain unchanged.
2. Find a good doctor
Your health is still the most important issue at stake, so find a doctor who is committed to getting your health back on track—even if it means new tests and diagnostics to correct the mistakes of your previous care team.
3. Create a timeline
Take note of all the procedures, prescriptions, and conversations you’ve ever had with your care team, and keep track of what information was available to them at the time (i.e., patient history). On a personal note, keep track of whenever your life has changed because of negligent care: Did you miss work? Are you in pain or experiencing a lower quality of life?
4. Keep your case private
Do not confront any parties involved, do not contact the news stations or other patients, do not contact the hospital system, stay off social media, and do not speak to the insurance adjuster without a medical malpractice lawyer present.
When Should I File a Medical Malpractice Lawsuit?
The lawsuit itself will take time. In any case, it is a process. Contact an attorney asap, and after the initial consult, if your case is accepted you can expect the rest of the process to look similar to this, but please understand that every case is different:
- Investigation: All medical records, notes, photos, and anything else that can help the attorney figure out what went wrong will be looked at. After looking at all the information, the attorney will likely reach out to medical experts who can write reports in support of the case.
- Discovery: This is the stage in the process of litigation where both parties can obtain relevant information from each other. During this phase, the injured party will be deposed (questioned under oath) by the defendant’s attorney.
- Settlement or Trial: A fair settlement is preferred to a trial, but if there is not an agreed-upon settlement, the case will proceed to trial. At trial, arguments and evidence are introduced. Experts give their opinion, and a jury decides the outcome.
How to File a Medical Malpractice Lawsuit
Because medical malpractice claims are very complicated and need expert testimony, contacting an attorney that can compile the evidence needed to build your case is essential.
Your attorney can also help you report the experience to the state medical board, which could result in additional fines, license suspension, license limitations, and even complete license revocation.
An experienced attorney will fight for you, and patients like you. At Habush Habush & Rottier, we will fight for what is right. The Habush Habush & Rottier medical malpractice team can help to recover the following expenses:
- Medical Bills
- Future Treatment Expenses
- Past and Future Wage
Attorney Eric J. Ryberg
Eric Ryberg is a shareholder in the firm and Co-Managing Partner of the Madison office. He has successfully tried personal injury cases in Dane, Rock, Sauk, Waukesha, Eau Claire, Dunn, Jefferson, Iowa, Brown, and Kenosha counties. He is admitted to practice before the State of Wisconsin and the United States District Court for the Western District of Wisconsin.
In 2011, Eric was recognized by the Wisconsin Law Journal as one of the 25 Up and Coming lawyers in the state and has received an AV Preeminent Peer Review rating from Martindale Hubbell.