Legal ServicesMedical Malpractice

DO I Have a Case for Medical Malpractice?

Medical malpractice cases can be brought against any healthcare professional, facility, or agency who fails to meet Wisconsin standards of care and causes injury or death to the patient they were treating.

If you believe a medical mistake has been made, a negligent act has occurred, or omission has taken place causing injuries to you or a loved one, contact the medical malpractice attorneys of Habush Habush & Rottier to discuss the details of your situation:

Wisconsin Medical Malpractice Laws

Wisconsin state laws regarding medical malpractice are very specific, which is why you need an experienced medical malpractice lawyer who understands local cases. Here are a few points that differentiate Wisconsin from other states:

  • Statute of limitations and discovery rule: the case must be filed within three years from the date of injury or one year from the date the injury was discovered. In most cases, no more than five years can pass but there are exceptions.
  • Liability rules: In Wisconsin, the at-fault defendant must be at least 51% or higher at fault if you are seeking the full verdict amount. Any percentage less than 50% against the individual will lead to a smaller payout than the full verdict amount.
  • Mediation: There is an opportunity for voluntary mediation, which must be requested prior to filing suit.
  • Payout limits for non-economic damages: Wisconsin imposes a cap of $750,000 on what people can collect for pain and suffering, emotional distress, lower quality of life. Currently, this cap is even lower ($250,000) for employees of the University of Wisconsin (UW) healthcare system.
  • Patient compensation fund: In Wisconsin, physicians must pay a yearly fee to the patient compensation fund in addition to carrying malpractice insurance.
  • Expert testimony: In Wisconsin, expert testimony is allowed—even expected.
  • Family ties: In wrongful death due to medical malpractice, if the victim is an adult, only a spouse or minor child.


The first rule of medicine is to “do no harm” but, unfortunately, there are instances where medical malpractice or negligence has led to serious injury or death. Examples include:

  • Birth injuries – Birth injury is injury or damage to the child before, during or after the birthing process.
  • Wrongful death – Wrongful death lawsuits occur when damages are sought against a party for causing a death.
  • Missed/wrong diagnosis – A wrong diagnosis occurs when a medical professional fails to correctly identify or diagnose a disease or condition which can lead to other conditions such as MRSA or Staph infections.
  • Improper treatment
  • Delay in treatment
  • Lack of informed consent – With few exceptions, medical providers must obtain permission granted with the knowledge of possible consequences.
  • Retained instruments/tools after surgery – A foreign instrument not removed during surgery is negligent.
  • Wrong-site surgical or other procedures – Procedures performed in the wrong area than intended can result in injury.
  • Dental malpractice
  • Nursing home neglect
  • Traumatic brain injuries

How do I know if I have a case for medical malpractice?

There is no quiz you can take to determine how strong your case is, but consider these questions:

  • How long ago did the incident take place?
  • Did you establish a patient-caregiver relationship? This means, the consulting physician or healthcare professional was hired by you and treated you directly (not solely a consulting relationship and not casual medical advice).
  • Was the physician negligent rather than reasonably skillful or careful? For example, would a different outcome have occurred under the care of a different physician?
  • Do you have a specific injury and is your injury directly related to the care you received (rather than a pre-existing condition)?

Medical malpractice lawsuits are very complex and you should contact a medical malpractice attorney to review the specifics of your case right away. Medical records will have to be requested and reviewed, mediation may be discussed, parties will have to be identified and expert witness testimony may have to be arranged.

Contact Habush Habush & Rottier for a free initial consultation with a member of the medical malpractice team. Call 800-2-HABUSH (800-242-2874).

What are the first steps in medical malpractice suits?

If you are ready to work with a medical malpractice attorney, here are a few steps you can take to help the process:

  • Request and make copies of all of your medical records. Do this right away, before filing for medical malpractice, to make sure your charts remain unchanged.
  • 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.
  • 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 the negligent care: Did you miss work? Are you in pain or experiencing a lower quality of life?
  • 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.

Will my medical malpractice lawyer make sure this doesn’t happen to more patients?

If you have a valid claim, your medical malpractice attorney will compile the evidence needed to build a case. This includes working with hospitals and agencies who are less-than-forthcoming with sensitive patient information.

Your attorney can also help you report the experience with 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.

How can Habush Habush & Rottier help?

If you are interested in pursuing legal action against a medical practitioner or hospital, hiring an experienced medical malpractice attorney is essential.

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 wages

Also, the team can help to recover the pain and suffering associated with the injury.

Also, the team can help to recover the pain and suffering associated with the injury. Contact Habush Habush & Rottier for a free initial consultation with a member of the medical malpractice team.

Call 800-2-HABUSH (800-242-2874).