Legal Question in Medical Malpractice in Wisconsin
medical malpractice
Do you have to have permanent damage to sue for malpractice? Or, can you sue for substandard care and prolonged healing?
1 Answer from Attorneys
Re: medical malpractice
The insurers for health care providers in Wisconsin usually defend medical malpractice cases to the death. Wisconsin juries tend to be very conservative, resulting in the doctors winning a very high percentage of the cases that go to verdict. Thus, to answer your question, the reality of life in Wisconsin is that a person must have substantial injuries to warrant filing a case. The cases tend to be very time consuming and very expensive. Although it is legally possible to pursue a case simply for prolonged healing, assuming you could prove negligence on the part of the health care provider, you and your lawyer would probably not come out ahead if you did that. There is generally a three-year statute of limitations for filing a medical negligence case in Wisconsin, so keep that time restriction in mind if you choose to look into your potential claim.