Legal Question in Medical Malpractice in Wisconsin

Re: Help

Your father's death probably made the presentation of the case more difficult and probably has affected the potential recovery in the case because the future care costs and impairment of earning capacity claims are no longer part of the case. Without your father to testify, it may be more difficult to persuade the jurors to find the defendants negligent. The case, however, may go forward, with your father's estate being substituted for your father in the case. The care costs incurred to the time of your father's death and any loss of earnings that may have been caused by the medical negligence are still part of the case, as would be your father's pain, suffering, and disability claims. It may be a combination of, first, the case being more difficult to prove without your father's testimony at trial, and, second, the reduction of the potential economic damages that has caused the lawyers to lose their zeal for pursuing the case. If the injury took place on or after April 6, 2006, there is a $750,000 cap on noneconomic damages. If the injury took place before that, there is no cap on the noneconomic damages.