Wisconsin state laws regarding medical malpractice are very specific, which is why you need an experienced medical malpractice lawyer who understands local cases.
>>Read more: What is medical malpractice?
Wisconsin Medical Malpractice Laws
- Statute of Limitations and Discovery Rule: a lawsuit must be filed within three years from the date of injury or one year from the date the injury was discovered, except no more than five years can pass from the date of the act or omission.
- 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. If the plaintiff is found more than 50% at fault, there is no recovery.
- Mediation: There is a requirement that the plaintiff request mediation either prior to or immediately after filing a lawsuit.
- Payout Limits for Non-Economic Damages: Wisconsin imposes a cap of $750,000 on what people can collect for pain and suffering, emotional distress, and lower quality of life.
- Claims against the University of Wisconsin (UW) Health System: Wisconsin imposes a total cap on damages of $250,000 for claims against employees of the UW Health 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 required.
- Family ties: In a wrongful death due to medical malpractice, if the victim is an adult, only a spouse or minor child may sue; an adult may not.
What to do if you believe you have a case?
If you believe you have a medical malpractice case, since they are so complex, you should contact a medical malpractice attorney to review the specifics of your case right away. There will be lots of documents to gather, analyze, and discuss. Medical experts will need to be contacted as well. An attorney can help you complete all the steps in the process.