Milwaukee Medical Malpractice Lawyer

In Milwaukee, we rely on our medical care providers every day to provide us with sound and responsible medical attention and treatment. When they fail in this regard, the consequences to the patient could be severe or even life-threatening.

A failure that creates grounds for medical malpractice could occur through misdiagnosis, surgical errors, or negligent prescribing practices, amongst other causes. If you can show that your condition was caused or exacerbated by medical malpractice, you could recover compensation for additional medical expenses, lost income, and pain and suffering.

If you suspect that you may have a medical malpractice lawsuit on your hands, now is the time to act. You can get a free initial case assessment from our Milwaukee medical malpractice lawyers when you call Wruck Paupore’s offices at (219) 322-1166 today.

Common Types of Medical Malpractice in Milwaukee

There are several areas of your medical care where providers could have fallen short of their legal duties. Below are a few of the most common instances of medical malpractice that may lead to serious injury or the worsening of existing conditions.

Misdiagnosis

Failure to diagnose a patient correctly or delays in the correct diagnosis may cause the underlying condition to grow substantially worse. Additionally, some erroneous courses of treatment may further exacerbate the actual existing condition that went undiagnosed. Not every misdiagnosis is grounds for a medical malpractice lawsuit. However, if the medical care provider responsible for the failure would have gotten to the correct diagnosis in a timely manner by using reasonable practices in their field, they would be liable.

Surgical Errors

No surgery is without risk, even the most commonplace ones. Surgeons may make negligent errors during the operation, such as inadvertently cutting into the wrong bodily organ, forgetting to remove surgical equipment from the body cavity, or even performing the wrong surgery. Hospital staff must also practice care during the post-operative stage to prevent infection, improper medication dosage, and inform the patient of proper precautions for their recovery.

Medication Errors

Medical care providers who write prescriptions for patients are responsible for checking the patient history to ensure that the medication will not cause a negative reaction. They must also provide the patient with information about the medication, including potential side effects. There are also many instances in which the prescription is filled with the wrong medication, in which case the pharmacist or facility that filled the erroneous prescription would be liable.

Damages for Medical Malpractice Lawsuits in Milwaukee

If a plaintiff can prove that they were the victim of medical malpractice, they can recover monetary compensation for the consequences they suffered. Each instance of medical malpractice is as different as the individual victims affected. Therefore, the only way to get a realistic idea of what you could recover in damages for your medical malpractice case is to consult with an experienced Milwaukee medical malpractice attorney.

Wisconsin courts use a common formula for determining how much a given case is worth. To arrive at a final value, the formula will provide compensation for both the economic and non-economic damages that the victim suffered. What does this mean? Medical malpractice could affect a victim in several ways. Some of these harms will be direct and monetary, while others will be more personal. Occasionally, courts may award additional damages based on the defendant’s conduct.

Economic Damages

For instance, the cost of the additional medical treatment required to mend the malpractice and heal the victim’s subsequent injuries is one such direct financial cost. If you are forced to miss time at work to recover from the malpractice, your loss of income is also considered a direct monetary expense that will be covered in damages.

Noneconomic Damages

However, just because a given consequence is not monetary does not mean that it won’t be figured into damages. Many medical malpractice victims experience chronic pain, loss of enjoyment of life, and the onset of psychological conditions such as depression or post-traumatic stress disorder (PTSD). While these consequences are harder to quantify in terms of dollars, they will factor heavily into a court’s determination of damages, so it is important that you work with a Milwaukee medical malpractice lawyer to help you figure out how much they could add in your case.

Punitive Damages

In rare situations, a court may also award punitive damages. Punitive damages are awarded based on the defendant's highly reckless or despicable behavior. Generally, a simple surgical error might not be grounds for punitive damages. However, if the surgical error occurred because the surgeon was drunk during the operation, the court may decide that the surgeon’s behavior was so heinous that it warrants additional punishment.

Statute of Limitations for Milwaukee Medical Malpractice Lawsuits

Every state has its own set of laws, known as statutes of limitations, that dictate how long a particular plaintiff has to file a lawsuit. In Wisconsin, the statute of limitations for bringing a medical malpractice claim is a little complex.

If the malpractice is identified immediately after it occurs, the plaintiff must file the lawsuit within three years of the date of the malpractice. If, however, the malpractice and subsequent injury are not properly discovered until later, the plaintiff has a maximum of five years from the date of the malpractice to file their lawsuit. In these cases, the plaintiff must file within a year of discovering the connection between the malpractice and the injury.

For instance, let’s say that a surgeon who operated on a patient on January 1, 2022, accidentally left a surgical sponge inside the patient, which caused an infection. If the surgeon identifies the mistake and the patient of the error immediately, the patient has until January 1, 2025, to file their lawsuit. If the patient does not discover the cause of the infection until January 2, 2025, they would have an additional year to file their suit in court. This is a complicated and fact-sensitive calculation, and you should always talk to a lawyer for legal advice applicable to your specific case.

Get Justice for Milwaukee Medical Malpractice Now

To get a free case assessment, get in touch with Wruck Paupore’s Milwaukee medical malpractice lawyers by calling (219) 322-1166.