Despite the high standards that healthcare providers must uphold, these professionals are not immune to mistakes. Unfortunately, errors made in the medical field often have life-altering consequences. As such, patients who face harm due to a provider’s negligence may seek compensation. However, because of the complexity of medical malpractice claims, personal injury victims should understand what to expect before filing a lawsuit. The following guide helps explain how these cases work. 

Basics of Medical Malpractice Lawsuits

What Constitutes Medical Malpractice?

For a patient to receive compensation, they must prove the doctor was negligent. The first part of a valid malpractice case is showing that a provider-patient relationship existed.

Then, you must establish that the provider’s actions deviated from their duty of care. Every healthcare professional must treat patients with a level of skill and attention that another professional in the same field would provide. The plaintiff must also demonstrate how the provider’s negligence caused their personal injury and that it resulted in quantifiable damages.

Common Types of Malpractice Claims

Although doctors are most frequently the defendants in medical malpractice lawsuits, you can file against any healthcare provider that behaves negligently. Thus, there are many reasons malpractice can arise. The more common claims involve a delayed or misdiagnosis, childbirth injuries, prescribing the wrong medication or an incorrect dosage, operating on the wrong patient or body part, and failing to provide adequate care following a procedure.

Steps to Filing a Lawsuit

Patients who wish to pursue damages for medical malpractice must know the statute of limitations for a claim. Like all personal injury cases, medical malpractice lawsuits must begin within a designated timeframe.

In Wisconsin, most patients have three years from the date of the injury to take legal action. There are exceptions when the patient is a minor or a foreign object was left undiscovered in the body. Though it’s not necessary under Wisconsin law, you should find an expert witness who can testify to the standard of care you should have received.

If a healthcare professional has caused you injury, reach out to Scott & Heenan to discuss your legal options. They offer knowledge in personal injury law and will help you navigate the challenges of a medical malpractice case. For more than 50 years, they’ve been fighting to protect the rights of residents across Grant County, WI, and have a track record for delivering results. Call (608) 348-9506 to schedule a consultation, or visit them online to learn more about their services.