Legal Question in Medical Malpractice in Wisconsin

Re: How can I file a claim against a doctor without using an attorney?

I would not advise anyone to file a medical negligence case without a lawyer. These cases are typically defended to the death by the insurance companies for the doctors. The lawyers are all experienced in defending medical negligence cases. There are a number of technicalities that are difficult to comply with. The case must be supported by the testimony of a doctor who practices in the same specialty as the defendant doctor. Those expert witnesses are usually expensive. The experts will have to make themselves available for depositions by the defense lawyers. I am involved in a case right now in which my expert is billing me at the hourly rate of $800. It does not take long to spend a lot of money in taking one of these cases to trial. It is highly unlikely that the insurance company will want to settle with you. They tend to take these cases to trial, where the doctors have won almost 75% of the verdicts over the past fourteen years.

To answer your question about filing a case, the best two sources of information are, first, chapter 655 of the Wisconsin Statutes, which sets forth the law regarding medical negligence cases, and, second, the guidelines of the Medical Mediation Panels. All medical negligence cases brought against "health care providers" as defined in chapter 655, must go through a mediation process as a prerequisite to pursuing a lawsuit. The guidelines for the Medical Mediation Panels may be obtained from the administrator of the panels, Randy F. Sproule. The phone number is 608-266-7711. They will send you a copy of the guidelines if you call and ask for it.

Again, I do not recommend that you try to pursue the case without a lawyer.

Re: How can I file a claim against a doctor without using an attorney?

Medical malpractice cases are one of the most expensive types of cases that can be brought in the area of negligence claims. Most of these cases are also defended to the end by very experienced trial attorneys who often almost exclusively handle medical malpractice defense cases. I would respectfully tell you that you need to very seriously think about whether you are financially able and legally qualified to handle such a case on your own. There are a number of procedural issues that need to be dealt with such as the medical mediation process, in addition to other procedural notice requirementst that may or may not have a bearing on your case. Keep in mind that there is generally a three year statute of limitations in Wisconsin which applies to medical malpractice claims, although the filing for mediation and other knowlege issues may have a bearing on the statutue of limitaions. Be very careful before you decide to get involved in such a case on your own and at least speak to a number of additional experienced attorneys before you make a final determination about pursuing the claim.

Re: How can I file a claim against a doctor without using an attorney?

I highly recommend that you do not file a medical malpractce claim/lawsuit without a lawyer. Unfortunately, I cannot provide you guidance on an approach that I disapprove of.