Medical Malpractice Laws in Wisconsin: Filing a Claim

**Medical Malpractice Laws in Wisconsin: Filing a Claim**

**Key Takeaways:**

* The statute of limitations for medical malpractice claims in Wisconsin is 3 years from the date of the injury or 3 years from the date when the injury should have been discovered, whichever is later.
* Wisconsin law requires a claimant to provide written notice to the potential defendant of their intent to file a medical malpractice claim within 6 months of the date of the injury or 6 months from the date when the injury should have been discovered.
* The filing fee for a medical malpractice claim in Wisconsin is $250.
* Wisconsin law requires that medical malpractice claims be filed in the circuit court of the county where the alleged malpractice occurred.
* To prevail in a medical malpractice claim, the claimant must prove that the defendant deviated from the standard of care and that the deviation caused harm to the claimant.

**Step-by-Step Instructions:**

1. **Determine if you have a valid medical malpractice claim:** Consult with an attorney to determine if you have a valid medical malpractice claim. To establish a valid claim, you must prove that the defendant was negligent and that the negligence caused harm to you.
2. **Gather evidence:** Collect all medical records, bills, and other documentation related to your treatment. You will also need to gather statements from witnesses and experts who can testify about the defendant’s negligence.
3. **Provide written notice to the potential defendant:** Within 6 months of the date of the injury or 6 months from the date when the injury should have been discovered, provide written notice to the potential defendant of your intent to file a medical malpractice claim.
4. **File a complaint with the circuit court:** Within 3 years of the date of the injury or 3 years from the date when the injury should have been discovered, file a complaint with the circuit court of the county where the alleged malpractice occurred. The complaint must be accompanied by a $250 filing fee.
5. **Serve the defendant with the complaint:** After filing the complaint, serve the defendant with a copy of the complaint and a summons. The summons must be served within 6 months of the date of filing the complaint.
6. **Engage in discovery:** After serving the defendant, the parties will engage in discovery, which involves exchanging information and evidence related to the claim. This may include depositions, interrogatories, and requests for production of documents.
7. **Settle or go to trial:** If the parties cannot reach a settlement, the case will proceed to trial. At trial, the claimant must prove that the defendant deviated from the standard of care and that the deviation caused harm to the claimant.

**Filing Fees:**

* The filing fee for a medical malpractice claim in Wisconsin is $250.

**Deadlines:**

* The statute of limitations for medical malpractice claims in Wisconsin is 3 years from the date of the injury or 3 years from the date when the injury should have been discovered, whichever is later.
* The claimant must provide written notice to the potential defendant within 6 months of the date of the injury or 6 months from the date when the injury should have been discovered.
* The claimant must file a complaint with the circuit court within 3 years of the date of the injury or 3 years from the date when the injury should have been discovered.

**Wisconsin Statutes:**

* Wis. Stat. § 893.55 governs the statute of limitations for medical malpractice claims in Wisconsin.
* Wis. Stat. § 655.017 governs the notice requirements for medical malpractice claims in Wisconsin.
* Wis. Stat. § 802.06 governs the filing fee for medical malpractice claims in Wisconsin.

**Resources:**

* Wisconsin State Bar:
* Courts.gov:
* USA.gov:
* Lawhelp.org:

**FAQ:**

1. **What is the statute of limitations for medical malpractice claims in Wisconsin?**
The statute of limitations for medical malpractice claims in Wisconsin is 3 years from the date of the injury or 3 years from the date when the injury should have been discovered, whichever is later.
2. **Do I need to provide written notice to the potential defendant before filing a medical malpractice claim?**
Yes, the claimant must provide written notice to the potential defendant within 6 months of the date of the injury or 6 months from the date when the injury should have been discovered.
3. **How much does it cost to file a medical malpractice claim in Wisconsin?**
The filing fee for a medical malpractice claim in Wisconsin is $250.
4. **Where do I file a medical malpractice claim in Wisconsin?**
Medical malpractice claims in Wisconsin must be filed in the circuit court of the county where the alleged malpractice occurred.
5. **What do I need to prove to prevail in a medical malpractice claim?**
To prevail in a medical malpractice claim, the claimant must prove that the defendant deviated from the standard of care and that the deviation caused harm to the claimant.

**How to Find a Wisconsin Attorney:**

If you believe you have a valid medical malpractice claim, it is essential to consult with an attorney who has experience handling medical malpractice cases in Wisconsin. Here are some steps you can take to find a qualified attorney:

1. **Ask for referrals:** Ask friends, family members, or coworkers if they know of any attorneys who specialize in medical malpractice law.
2. **Check online directories:** Check online directories such as Avvo or Martindale-Hubbell to find attorneys in Wisconsin who specialize in medical malpractice law.
3. **Contact the Wisconsin State Bar:** Contact the Wisconsin State Bar for a referral to an attorney who specializes in medical malpractice law.
4. **Check with local bar associations:** Contact local bar associations, such as the Milwaukee Bar Association or the Madison Bar Association, for a referral to an attorney who specializes in medical malpractice law.

**Legal Disclaimer:**

This guide is for informational purposes only and should not be considered as legal advice. If you have a medical malpractice claim, it is essential to consult with an attorney who has experience handling medical malpractice cases in Wisconsin.

Official Resources

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