Warshafsky Rotter Tarnoff Bloch, S.C.

Medical Malpractice and Wrongful Death in Wisconsin

Medical equipment

Compensation for Medical Negligence Resulting on Death

Due to medical malpractice laws in Wisconsin, filing a wrongful death lawsuit can be difficult. Fewer lawsuits are filed in the state of Wisconsin and there are fewer payouts to those who have experience medical malpractice. Warshafsky Law Firm of Madison is still dedicated to helping those who have experienced medical negligence or wrongful death from malpractice.

Why is medical malpractice less common in Wisconsin?

Funeral wreath at cemetaryThere are many reasons medical malpractice lawsuits have declined throughout the state. One of the main reasons is the Injured Patients and Families Compensation Fund. Insurance companies only have to pay $1 million of damages while the Fund provides the rest. As a result, many insurance companies simply offer the victims of negligence or wrongful death low settlements since they know they will only pay out a maximum of $1 million no matter the outcome of the lawsuit.

Further, there is a three (3) year statute of limitations for medical malpractice lawsuits. If a claim is not filed in that time, even if evidence of malpractice is not discovered until later, there is no way to file. In the state of Wisconsin, punitive damages from medical malpractice are banned. Individual members of medical staff are protected from being personally sued in an effort to avoid frivolous lawsuits. Instead, it is the hospital or medical employer who is held liable.

Caps on Compensation

Heart monitorNoneconomic damages are those related not to actual medical costs but to the comfort or companionship of the patient. There is a financial cap on these damages from medical malpractice, and this amount is even lower if the medical staff in question is employed by the state of Wisconsin. This means there is a strict limit on damages for the pain and suffering of a loved one in the event of medical malpractice wrongful death.

These caps and restrictions often cause other defense lawyers to not even try to pursue a medical malpractice lawsuit, even in the event of wrongful death. Unlike Warshafsky Law, these lawyers believe there isn’t enough profit from these lawsuits. What matters are those who were negligent being held accountable for their actions.

Types of Wrongful Death from Medical Malpractice

Different types of medical malpractice which can result in wrongful death are:

  • Hospital negligence and emergency room malpractice
  • Misdiagnosis or delayed diagnosis
  • Prescription medication errors
  • Anesthesia errors
  • Medical negligence during pregnancy and childbirth
  • Surgical errors and malpractice

Negligence during pregnancy and childbirth resulting in the death of unborn children is also grounds for a wrongful death lawsuit, though there are caps on the amount of compensation.

Prescription medication and anesthesia errors can easily result in wrongful death with either the wrong medication being prescribed or too much or little anesthesia being administered before a procedure.  Receiving the wrong diagnosis and subsequent mistreatment is also a likely cause for wrongful death and unnecessary pain and suffering. Warshafsky Law will investigate your claims as thoroughly as possible to determine exactly what negligence or malpractice caused the loss of your loved one.

Who can sue for medical malpractice?

In the event of wrongful death from medical malpractice, lawsuits can be arranged by spouses, children, or parents of the deceased. In their absence, heirs and beneficiaries may also file suit on behalf of the deceased.

When you lose a love one to negligent medical care, it is important to hold those liable accountable for their actions. Warshafsky Law Firm believes in Society Changing Judgements. We don’t just help you get a settlement or damages, we change how hospitals treat their patients so wrongful deaths and malpractice can be avoided.

If you or a loved one has been affected by medical malpractice or negligence, contact Madison’s Warshafsky Law Firm for a wrongful death consultation now.

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