In most states, thanks to controversial liability reform efforts, when injured patients want to sue a healthcare provider for medical malpractice, they must provide some form of proof to support their claims, usually in the form of a certificate of merit or statement jury of merit of a medical expert when they file the application. their claim or soon after. However, Wisconsin doesn't have a requirement like this. Therefore, before you file a medical malpractice lawsuit in the state, you (or your lawyer) won't have to find (or pay) an expert to review your case and offer an opinion on the validity of your claims.
Wisconsin medical malpractice law requires the injured patient to also prove causation between negligence and subsequent injury. Negligence must be the real cause of the patient's injury. The law does not legally hold a healthcare provider who has been negligent liable for any and all injuries sustained by a patient simply because they occur or manifest after the negligent conduct. That is, the negligent act must have been the actual cause of the injury, not simply preceded it in time, for a viable medical malpractice claim.
The application of the Wisconsin medical malpractice statute of limitations is extremely nuanced, technical and fact-based. Wisconsin has codified the Discovery Rule with respect to medical malpractice claims into the same statute as its three-year statute of standard accrual of injury limitations, i. The limit (found in section 893.55 of Wisconsin Statutes () applies to every occurrence of medical malpractice (regardless of how many defendants were involved). For medical malpractice lawsuits in Wisconsin, as in all states, proving complex elements such as standard of care and deviation from that standard will almost always require the testimony of a qualified medical expert.
Similarly, there are countless other rules that make successfully prosecuting a Wisconsin medical malpractice claim exceptionally difficult for anyone other than an experienced and knowledgeable medical malpractice lawyer. Wisconsin's standard statute of limitations governing medical malpractice claims is contained in WS §893.55 (1m). Dexter says the state's current malpractice laws make it easier to hire quality doctors and, as a result, provide better care. According to the Wisconsin Supreme Court, in “medical malpractice actions, Wisconsin law generally requires the plaintiff to submit expert testimony as to the defendant's standard of care and departure from it.
Although state employees have broad immunity for several types of actions, they are subject to medical malpractice lawsuits. However, it is important to understand that Chapter 655 does not provide a complete set of procedural rules for maintaining a medical malpractice claim. First responders (such as emergency medical technicians, ambulance crews, and firefighters) are generally protected from negligence lawsuits due to the hazardous and unpredictable nature of their work and to preserve emergency services. That's why paying attention to (and complying with) the statute of limitations for medical malpractice is essential.
It's important to remember that medical malpractice means that a competent doctor in the same situation would have done something different and prevented the injury. Medical malpractice isn't necessarily malicious; however, the damage has occurred even though the doctor or nurse knew it could have been avoided with alternative measures.
