Medical malpractice law in Wisconsin is not unique in the country, as it is very similar to many other states that carry basic medical malpractice laws. Although it differs substantially when it comes to the evolution of the law itself in comparison with these other states. Over the many years of Wisconsin's existence, the medical malpractice laws have been argued and debated repeatedly until the point that the current and modern day representation of medical malpractice law in Wisconsin hardly resembles that of the original framing of the statutes themselves. With so many efforts made by attorneys to argue the point and change the nature of litigation in the courtroom, it is only natural that these precedent-setting cases would make some inroads into the nature of the law itself. With this evolution of law, it is not surprising that the state itself has allowed this method of taking into account previous precedent to have a bearing on the medical malpractice law in Wisconsin. As long as attorneys and physicians continue to litigate, it is necessary to take into account the decisions that are made on a daily basis by the court, for better or ill.
Wisconsin State Malpractice Laws at a Glance:
Wisconsin State Tort Law Statute of Limitations The limit is three years from original injury or one year from discovery, but not more than five years after the act.
In the cases of foreign objects, the limit is one year from discovery or three years after the act, whichever is later. Damage Award Limits $350,000 limit for damages. In cases resulting in death, $500,000 maxiumum award for death of a minor, and $350,000 maximum award for death of an adult.
Joint Defendant Liability Proportionate liability for defendants, except in cases where defendants are
found to be more than 50% at fault or deliberately acting jointly with others.
Expert Witness No stipulations for witnesses
Attorney FeesFees based on sliding scale. Maximum fees not to exceed 1/3 of first $1 million awarded, or 1/4 of first $1 million awarded if liability is stipulated within time limits, 1/5 of any amount in excess of $1 million.
Defining Medical Malpractice Law in Wisconsin
Medical malpractice law in Wisconsin is defined by the state's lawmakers and is considered to be set in stone. Despite this, it has already been established that the constant litigation has certainly changed the very nature of the law, no matter how slightly, over the years to reflect the precedent that has been set by physicians and attorneys in their constant struggle. With so many doubts and questions involved, it is not surprising that the precedent-setting cases have been the subject of multiple inquiries into the evolution of the law itself. Until a more concrete definition arises, it is advised that the letter of the law be followed and that certain precedent be alluded to, rather than followed as concrete. With the framework of the state constitution and the intentions of the lawmakers quite clear, it is only natural to assume that the original definition still applies, in so far as additional precedent is not referenced.
Protecting the Plaintiff
The medical malpractice law in Wisconsin provides for the protection of the plaintiff to the point that they are considered to be a victim if they are worse off after visiting their doctor than they were before. This covers all manner of injuries and illnesses, as well as well-intentioned medications provided by the physician themselves.