We Hold Medical Professionals Responsible When Mistakes Occur
A routine medical procedure can turn into a life that is damaged or cut short. Nothing can prepare a family for the challenges they may face afterward such as disability, loss of financial support, medical bills, grief and pain.
What Is Medical Malpractice?
Not every medical injury or death is due to malpractice. Sometimes, a doctor does everything he or she is supposed to do, and the patient still suffers a serious injury or dies. However, if your doctor failed to meet the standard of care, and you are severely injured as a result, your doctor may have committed malpractice.
Rebuilding your life after a serious injury or the wrongful death of a family member takes time and support from others. It can take a toll on your family financially. Our lawyers have secured numerous multimillion-dollar settlements and verdicts for our clients in personal injury and medical malpractice cases.
Boorish Behavior By Doctors Can Lead To Medical Malpractice
It’s important for Wisconsin medical patients to observe their physician’s interaction with the staff when they visit the doctor. New studies among health care workers have revealed that bullying and disruptive behavior among doctors and nurses is common. Some workers say that this behavior is leading to medical malpractice.
In a recent survey of over 4,500 health care workers, more than 77% of respondents said that they had witnessed disruptive or bullying behavior among doctors. Another 65 percent said they had seen such behavior from nurses. Two-thirds claimed that the disruptive behavior had led to medical errors, and one-third said the behavior contributed to a patient’s death.
At Peterson, Berk and Cross, we know bad doctors cause medical malpractice claims.
Studies show that only three percent to five percent of doctors engage in this type of behavior. However, those doctors can cause a significant number of problems. Studies have shown that over 40 percent of a health care organization’s malpractice claims come from five percent of doctors. As an example, a perfusionist won a $325,000 settlement against a cardiac surgeon for threatening and traumatizing behavior during a medical procedure.
Medical malpractice can lead to painful injuries, life-long trauma and medical expenses for a patient, and it could lead to financial and emotional hardship for the patient’s family. Victims and their families may be entitled to financial compensation and could possibly benefit from speaking with an attorney. An attorney may be able to examine the case, file claims, present supporting evidence, question expert witnesses and negotiate any potential settlement to maximize financial compensation.
Is there a cap on damages for a Medical Malpractice case in Wisconsin?
Under Wisconsin State legislature statute section 893.55(4), the current cap for a medical malpractice claim is marked at $750,000 for noneconomic damages resulting from medical malpractice and/or negligence on a medical provider’s behalf.
Many states place caps on claims for medical malpractice to protect doctors from excessive litigation, and while a plaintiff’s costs for injuries and damages may far exceed the amount that the states places a limit at, legal challenges to the cap on noneconomic medical malpractice damages have taken place in the past.
Medical malpractice caps are dictated by the State of Wisconsin but not set in stone.
Court records indicate that in 2011, a Wisconsin mother of four lost her limbs to amputation due to gangrene that resulted from a septic infection of which her doctors allegedly did not inform her. A jury awarded the woman and her husband $15 million in noneconomic damages in compensation for inconvenience, suffering, pain and disfigurement as well as $8.8 million in economic damages, for a total award of $25.3 million.
The couple then challenged the $750,000 cap on noneconomic damages on grounds that it is unconstitutional. In 2018, the matter went to the Wisconsin Supreme Court, which upheld the constitutionality of the cap in a 5-2 decision. Despite the two dissenting justices who said that the cap denies full damages to the catastrophically injured, the Chief Justice stated that it provides reasonable compensation for injuries while helping to keep health care costs down and does not represent a violation of equal protection under the law because the same cap applies to everyone.
Contact Our Appleton, WI Medical Malpractice Lawyers
If you or a loved one believe you have grounds for a medical malpractice claim, it is important to contact a lawyer as soon as possible after a medical injury so he or she can promptly investigate your claim. Our Wisconsin medical malpractice attorneys are detail-oriented, experienced, and will fight to get you the compensation that you deserve. There is no charge or fee to evaluate your case and answer your questions. Complete our simple contact form to schedule your free consultation.
A negligent medical provider can cost you your health, your job or even your life.
If a doctor or another medical provider harmed you or one of your family members, contact the lawyers at Peterson, Berk & Cross, S.C. Our experienced medical malpractice attorneys can help you understand your rights and evaluate your potential case. Call 920-831-0300 for a free initial consultation. We have offices in Appleton and Green Bay, Wisconsin.
Hablamos español | Free consultations