When a medical or healthcare professional makes an error due to negligence, they put the healths and sometimes lives of their patients at risk. Such errors are referred to as malpractice. Medical malpractice is rare, but it can occur when hospitals are understaffed and doctors and nurses are overworked. This could lead them to overlooking a crucial detail on a patient’s chart and prescribing the wrong medication, for example.
If you’ve suffered from a medical error or mistake, a Milwaukee medical malpractice lawyer from Urban & Taylor can help you or your loved one get compensation for what you’ve endured. Negligence can cause many additional hospital visits, medical expenses, time away from work, and pain and suffering. With us at your side, we’ll start you on your path to recovery.
Urban & Taylor has been proudly serving the people of Wisconsin in personal injury litigation matters since 1999. We understand how important it is to have someone hardworking and knowledgeable at your side when taking a case to court. Our attorneys will do all they can to get you or your loved one a favorable settlement.
Wisconsin Medical Malpractice Laws
The laws that govern malpractice vary from state to state. While an attorney will be well-versed in your state’s laws, it’s important to know what a claim needs to prove so you can prepare accordingly.
Wisconsin law has a statute of limitations on medical malpractice lawsuits, meaning you have a specific amount of time for your lawsuit to be possible. The state’s law says that you have three years from the time of your injury to file a medical negligence lawsuit.
If you want your case to be successful, you need to be able to prove the following points:
- A medical professional such as a doctor or nurse was treating you and made an error.
- The medical professional did not meet the standard of care. This means an average medical professional with a similar patient would have behaved differently than yours and would have avoided the injury.
- The medical professional’s error caused harm, injury, or death.
Your case will need other experts to further explain how the standard of care was not met regarding your injuries or condition and how the doctor’s negligence hurt you and created new medical problems. They provide a third-party point of view on how a medical professional should have acted to meet the standard of care for their patient.
Your Medical Malpractice Claim
Since medical negligence cases involve proving a medical professional’s error, you have to show strong evidence to prove your side of the story. Preparing your evidence to back up your claim may make the difference.
Medical records are a major key item for your claim. You’ll want to have records of why you went to see your doctor in the first place, what they treated you for, and the record of everything that occured after they acted negligently. You could show how their negligence caused an injury or a condition that made you return to the hospital, prescriptions for medication, or orders for procedures to fix the problem they caused. These also give an idea of the timeline.
You won’t have to know or get all the documents on your own—that’s what your attorney is for. They’ll know what they need to show negligence and how it hurt you.
Photographs and personal accounts of your injuries could help show how the doctor’s negligence affected you. Your personal account could be a detailed journal explaining your symptoms and how you’re feeling. Accounts from family members could strengthen this.
After you’ve gathered the evidence, a settlement may be reached. Your medical error lawyer will try and get you the best deal possible. However, the other party, whether it’s a hospital or an insurance company, may not offer what your lawyer thinks you deserve. If this is the case, don’t worry, it doesn’t mean everything is over, but it may mean that you’ll be going to the next step.
While it’s more common for medical malpractices cases to reach settlements, some do reach the trial phase. Your attorney will use resources such as medical experts and records to prove your case.
Proving negligence to a jury can be difficult because they tend to think that there isn’t a certain way to do everything and doctors may have thought they were acting in their patients’ best interest. But a skilled medical malpractice lawyer can show that the particular medical professional didn’t meet the standard of care that most doctors, nurses, and other medical professionals would have met in a similar situation.
Examples of medical malpractice include:
- Wrong-Site Surgery. Surgeons can operate on the wrong side of a person’s body, perform the wrong surgery, or operate on the wrong person.
- Leaving Medical Equipment in Surgical Site. Sometimes, surgeons can leave medical equipment or surgical gauze inside the patient’s body after a surgery. These are usually found in X-rays during follow-up appointments or if the patient reports pain. Another surgery and hospitalization may be needed to fix the problem. Patients can experience physical symptoms or the medical device left in them could pose a threat to their life.
- Misreading Tests. Doctors may miss signs of a medical issue on a scan or test results where they should have been able to recognize the problem.
- Misdiagnosing. Similar to misreading tests, doctors can misdiagnose their patient because they didn’t recognize the symptoms or get enough information.
Get Help from a Medical Malpractice Attorney
Medical malpractice is preventable and shouldn’t happen, but doctors, nurses, medical technicians, and other staff members can act negligently and put their patients’ lives at risk. Holding the hospital accountable for the mistake may cause them to take measures to ensure this doesn’t happen again.
If they find their employees are overworked because of understaffing, for example, they may consider hiring more people to give everyone a less strenuous schedule where they will be more alert and less likely to make mistakes. Your claim could prevent another person from suffering due to negligence.
When you trust a medical professional and they betray that trust by acting negligently, the results can be devastating. It can turn your whole life upside down and leave you confused of where to turn next. You deserve to be able to recover financially and medically.
Urban & Taylor will help you stand up for your rights. We’re ready to do all we can to get you a favorable settlement and are prepared to take the case to court if it needs to go to trial. Please don’t hesitate to get in touch with us for a free consultation. Call (866) 720-7232 today and a medical negligence attorney will discuss the merits of your case.