Milwaukee Medical Malpractice Lawyers
If you or a loved one sustained injuries or trauma due to medical malpractice or negligence in a Milwaukee hospital, ER or medical facility, you may be eligible for financial compensation.
The Milwaukee medical malpractice lawyers at PKSD are here to help. We have over 150 years of combined legal experience advocating for victims’ rights and recovered millions in compensation on behalf of our clients – including a recovery of $1,000,000 for the victim of a medication error.
Partner Howard Sicula is chair of the Membership Committee of the Wisconsin Association for Justice and is a member of the National Trial Lawyers Association – Top 100.
If you believe you are a victim of medical malpractice, we encourage you to call and speak to a lawyer at our firm today. The consultation is free, there are no upfront fees if you decide to hire us and we only get paid when we obtain a recovery on your behalf.
PKSD – No Upfront Fees. Ph: 877-877-2228
Do I Have a Medical Malpractice Case?
We understand that as a malpractice victim, you may have many questions about your potential case, including its value. While it can be difficult to answer that question immediately, our legal team can help to find the answers. There are many different factors can lead to medical malpractice and the following questions may help determine the validity of your claim:
- Did your doctor keep information from you about your health or medical condition?
- Did your doctor fail to disclose all the possible risks of your surgery and one of those risks caused you harm?
- Was your treatment delayed because your doctor failed to perform the appropriate tests or seek opinions from specialists to properly diagnose your condition in a timely manner?
- Was your child injured by faulty medical equipment during labor and delivery?
- Have you suffered a bad reaction from a drug you were prescribed?
- Did your condition worsen because you were discharged too early from a hospital or doctor’s care?
If you answered “yes” to any of these questions, you may be a victim of medical malpractice. For more information about your rights, reach out to a Milwaukee medical malpractice lawyer from our firm.
How Can PKSD Help Me?
Most victims of medical malpractice that hire a lawyer recover more compensation that those who do not have legal representation.
From conducting a thorough investigation to gathering evidence to help prove negligence, our experienced lawyers are prepared to manage every step of the legal process on your behalf. We are well-versed in Wisconsin’s medical malpractice laws. We also have a full support team, including industry experts and professionals, that can be called on to help with your claim.
The insurance companies involved in these cases may also use certain tactics to try to devalue your claim. At PKSD, we are aware of these tactics and know how to combat them. We have dealt with many insurance companies over the years and are ready to use that experience to build a strong case on your behalf.
What Damages May Be Available in a Medical Malpractice Case?
If our attorneys validate your claim, the following damages may be available to you:
- Special damages – Examples of these damages include medical bills, ambulance fees, loss of future earning capability, health care consultations, lost wages and more.
- General damages – This includes physical and emotional anguish caused by medical malpractice, such as physical pain, loss of enjoyment of life and depression.
- Punitive damages – These damages are meant to punish the doctor or health care provider that caused harm. These are usually only available in cases of extreme or intentional malpractice.
- Attorney fees – This includes expenses your attorney incurred to bring your lawsuit forward.
A Milwaukee medical malpractice lawyer from our firm is prepared to pursue maximum compensation on your behalf, should your claim have merit. An initial consultation with us is complimentary and confidential.
Contact our offices anytime 24/7, at 877-877-2228
Do I Have to Pay Taxes on a Medical Malpractice Settlement?
Medical malpractice victims are generally not obligated to pay taxes on settlements for physical injuries or illnesses. However, in accordance with the Internal Revenue Service (IRS), victims may be obligated to pay taxes on settlements for emotional distress or mental anguish. Punitive damages awarded in a settlement may also be taxed.
Deadlines for Filing Malpractice Lawsuits in Wisconsin
The Wisconsin statute of limitations requires an appropriate party to file a medical malpractice lawsuit within one year of discovering an injury or the date it should have been discovered, or within three years of when the negligence took place. However, claims cannot be filed more than five years from the date of the act or omission that led to your injury.
If the deadline for your claim passes, the court will most likely refuse to hear the case. It is important to speak with one of our experienced attorneys as soon as possible.
What is Medical Malpractice?
When a doctor or medical professional fails to uphold the appropriate standard of care for the situation, it is considered medical malpractice. The standard of care refers to the actions another similarly trained health care professional would have taken in the same situation.
Under Wisconsin law, you may be able to take legal action to recover damages for any treatment, operation, or omission of information by a health care provider that results in injury. It is important to note that these claims can only arise from malpractice on the part of medical staff.
Building Your Medical Malpractice Case
Health care providers can sometimes make mistakes. Being able to prove that these errors were caused by negligence or failure to provide reasonable care can be challenging. Hospitals and doctors have multiple resources at their disposal to protect themselves from medical malpractice claims. That is why you need an experienced lawyer by your side to protect your rights and best interests.
Our Milwaukee medical malpractice attorneys have decades of experience handling these types of cases and are ready to help you determine who is at fault for causing you harm. There are four things that must be proven to hold another party liable for your medical malpractice damages:
- A doctor-patient relationship exists – The doctor agreed to treat you, which means a duty of care was owed to provide adequate care based on your individual circumstances.
- The doctor was negligent – The doctor failed to uphold this duty by behaving in a negligent or careless manner. He or she did not provide treatment that another medical professional with the same education, training and experience would have provided in a similar situation.
- Negligence caused your injury – The doctor’s actions or lack of action either directly caused your injury or made it worse and would not have otherwise happened.
- You suffered damages due to your injury – Damages could include medical bills and lost wages, among other things.
Who Can Be at Fault in a Medical Malpractice Lawsuit?
There are various medical professionals who could be held liable for medical malpractice, such as:
- Respiratory therapist
- Home health care personnel
Most claims for medical malpractice fall within at least one of the following categories:
- Failure to properly diagnose a patient’s condition compared to what another capable doctor would have done to improve the patient’s outcome
- Failure to treat a patient according to current medical standards or as another capable doctor would have done to provide the patient with the correct care
- Failure to warn a patient of known risks before undergoing a certain procedure or treatment
PKSD. Free Consultations. Ph: 877-877-2228
Types of Medical Malpractice
Medical malpractice by a negligent doctor or medical professional can happen at any time during your treatment. Our Milwaukee medical malpractice lawyers are well-versed in a variety of cases, including some common types below:
A common form of surgical malpractice is performing surgery on the wrong organ or body part. Other common examples are leaving medical equipment in the body, damaging internal organs, failure to provide post-operative care or causing an infection.
A childbirth injury can occur when harm is done harm to an unborn fetus during pregnancy or to the mother or baby during labor and delivery. This can happen if a C-section is delayed, there is improper use of birthing tools, like vacuums and forceps, or there was a failure to diagnose or identify fetal distress or an ectopic pregnancy.
A misdiagnosis can happen when a doctor fails to diagnose or correctly identify a given condition. This is one of the most common medical malpractice cases. A patient can become injured or ill or see his or her condition worsen because the doctor did not provide a diagnosis and proper treatment. If the doctor diagnoses the patient with the wrong condition, the patient may undergo the wrong treatment and suffer injuries.
An anesthesia mistake can happen when an anesthesiologist fails to research the patient’s medical history, uses defective equipment, fails to check vital signs, improperly places tubes/ devices, or fails to provide the patient with proper post-operative care.
A medication error can happen when a patient is given the wrong medication, an improper dosage amount or if a doctor fails to identify a harmful interaction with another drug that patient is taking. These errors can cause a patient to suffer from serious side effects, allergic reactions or a potentially dangerous overdose.
Contact a Milwaukee Medical Malpractice Attorney Today
Was your injury or illness caused by a doctor or another medical professional’s negligence?
You may be eligible to pursue compensation for your injuries and other damages. A Milwaukee medical malpractice attorney from our firm is ready to review your situation and offer legal assistance in a free case evaluation. PKSD has over 150 years of legal experience representing injury victims in Milwaukee County and across the state of Wisconsin. Our attorneys have recovered millions for our clients.
Your initial consultation is FREE, and we only get paid when a recovery is made on your behalf. We want to support you in getting the closure and compensation you need. Reach out today by completing our Free Case Evaluation form or engage in a Live Chat to speak directly to our team 24 hours a day, seven days a week.
Our office is on N Old World 3rd Street just a few minutes from the Milwaukee Municipal Court.
PKSD – Trusted Milwaukee Injury Lawyers. Ph: 877-877-2228