Medical Malpractice Lawyer Milwaukee Milwaukee medical malpractice attorneys

How do you win a medical malpractice lawsuit in Wisconsin?

To win a medical malpractice lawsuit the patient must be able to demonstrate a disability, pain and suffering, lost income or significant medical bills that are due to negligent physician behavior. Wisconsin has a $750,000 cap on noneconomic medical malpractice damages such as pain and suffering or distress. All medical care and costs are covered independently of noneconomic malpractice damages.

The Warshafsky team has experience with tackling all types of medical negligence cases including this $4.5 million spinal injury lawsuit and a $3.5 million brain injury lawsuit. Warshafsky’s legal team includes private investigators, medical doctors and researchers who will fight to win the best settlement possible—even if that means going to trial. Our clients do not have to pay a dime until their lawsuit is settled. Contact our no win, no fee attorneys today for a free initial consultation.

5 elements of medical negligence

Medical malpractice refers to any instance where a hospital, clinic, or medical professional causes injury to a patient due to a negligent act or omission in that person's diagnosis, treatment, or aftercare. A successful claim of medical malpractice establishes all 5 elements of medical negligence:

  1. Duty—prove that the plaintiff was in the defendant’s care
  2. Breach of duty—prove that the defendant violated standard care practices
  3. Cause in fact—prove a correlation between the breach of duty and negative consequences
  4. Proximate cause—prove a link between a negligent act and an injury
  5. Harm—prove that the plaintiff suffered injury, loss, or distress because of the defendant’s negligence

Common reasons for medical malpractice lawsuits

Accidental injuries are the 3rd leading cause of death in the United States behind heart disease and cancer. Approximately 251,000 people die each year due to medical malpractice. In cases involving fatalities caused by negligence, our wrongful death attorneys will compel those responsible to make restitution. Medical malpractice or negligence applies to any type of medical field, including dentists, orthodontists, periodontists, oral surgeons, and other dental health professionals. The most common errors that lead to medical malpractice include:

  • Prescription errors A patient is given the wrong medication or an incorrect dosage of medication
  • Infections Nosocomial (hospital-acquired) infections due to tainted medications or equipment that was not properly sterilized
  • Wrong-site surgical errors Surgical incisions or procedures done on the wrong part of the body
  • Wrong diagnoses A physician gets your illness or injury wrong
  • Improper patient supervision Could include failure to supervise surgical residents or not monitoring high-risk patients correctly
  • Poor patient follow-up Not paying attention to the patient’s complaints after surgery, which often leads to a missed diagnosis

Areas of medical malpractice lawsuits

Warshafsky Law thoroughly investigates and builds a powerful case to get you the most financial compensation possible, no matter what type of personal injury you sustained at the hands of a medical professional:


The highest possible malpractice judgments and settlements

The personal injury attorneys of Warshafsky Law know how to maximize medical malpractice settlements. We are not intimidated by legal teams of powerful insurance companies. Their deep pockets are more reason to seek the highest possible compensation for our clients' injuries. Our personal injury lawyers can explain the technical aspects of each medical malpractice case in terms a jury will understand—and in a way that will make them inclined to favor the maximum payout.

We additionally offer workman's comp attorneys and asbestos lawyers who fight for a just settlement for our worker compensation clients.

Injured? it is about the money®

How much money will I get for medical malpractice in Wisconsin?

The average out-of-court settlement for a medical malpractice lawsuit is roughly $425,000. The average jury award is now over $1 million. However, in Wisconsin, lawmakers have put a $750,000 cap on medical malpractice awards. The amount of the damages awarded should be enough to make the injured person “whole,” covering any losses suffered. The award is calculated based on economic damages, such as: - medical expenses - lost wages - diminished earning capacity plus non-economic damages, such as: - pain and suffering - emotional trauma - loss of enjoyment and increased anxiety. Punitive damages may be awarded where a medical practitioner acted with reckless disregard in the face of known risks.

Do most medical malpractice cases go to trial?

Over 95% of medical malpractice claims end in out-of-court settlements. A settlement gives plaintiffs their award earlier, and there’s no risk of losing at trial. Don’t let this happen to your case. Cases that go to trial almost always result in more compensation for the defendant. Talk to an experienced personal injury attorney to maximize your settlement.

How do you value a medical malpractice claim?

To value a medical malpractice claim, the expected jury verdict is multiplied by the likelihood of the plaintiff winning at trial. The worry of negative publicity and costs of litigation are also factored into the settlement. Publicity concerns are a major factor for hospitals and will help determine the value of a case.