Legal Question in Medical Malpractice in Wisconsin

Medical malpractice claims require proof of both negligence and damages caused by the negligence. Generally,negligence, in the area of medical malpractice, requires a medical opinion that the treatment provided fell below the average standard of care of a like health care provider at the time and location of the treatment. That means that you will generally need to have a physcian give the opinion, to a reasonable degree of medical probabilty, that the IV was placed or monitored or flushed negligently, and that the negligence led to your medical condition. Unfortunately, there are often risks that can occur with any medical procedure, including IVs, and if it is a known and routine risk, it may not rise to the level of negligence to prove a malpractice claim. You should consult with your physcians to see what opinons they have as to the care and if they have the opinion that is was negligent (below the average standard of care) or whether it is just an unfortunate result which is a risk that can occur. In Wisconsin, there is generally a three year statute of limitations which requires you to either settle your claims or start a lawsuit within three years from the date of the potentially negligent act. I would consult with an experienced medical malpractice attorney after you have a chance to discuss the medical care with your physicians.