Medical Malpractice in Wisconsin: What Patients Need to Know

When medical errors occur, the consequences can be severe, and patients are entitled to explanations.

Wisconsin law offers protections for people harmed by medical negligence, but these cases are complex. If you or a loved one has been injured by a healthcare provider’s mistake, this guide will help you understand whether you might have a malpractice claim, what steps to take, and how Salvi & Maher, LLP can support you.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, or healthcare provider fails to provide care that meets accepted standards, and a patient is harmed as a result. Not every bad outcome is malpractice. But if your provider made an avoidable mistake–like missing a diagnosis, making a surgical error, or prescribing the wrong medication–you may have a case.

To prove medical malpractice in Wisconsin, you must show:

1. A doctor-patient relationship existed.
2. The provider was negligent (they breached the standard of care).
3. That negligence caused your injury.
4. You suffered real damages, including medical expenses, pain, lost wages, or lasting injury.

Common Examples of Malpractice:

• Misdiagnosis or delayed diagnosis (e.g., cancer, stroke)
• Surgical mistakes (e.g., wrong site, foreign object left inside)
• Medication errors (e.g., wrong drug, dosage, or patient)
• Birth injuries (to mother or baby during labor or delivery)
• Failure to get informed consent before procedures

Wisconsin’s Unique Rules for Medical Malpractice

Wisconsin has several laws that make these cases different from standard personal injury claims:

• Statute of Limitations: You generally have 3 years from the injury, or 1 year from when the injury is discovered, to file a claim. There’s a strict outer limit of 5 years from the date of the malpractice, even if the harm is discovered later.
• Noneconomic Damages Cap: There is a $750,000 cap on compensation for pain and suffering. (This does not apply to financial damages like medical bills or lost income.)
• Mandatory Mediation: Wisconsin requires a formal mediation process between you and the provider before–or right after–filing a lawsuit. This is meant to resolve some cases outside of court.
• Expert Testimony: To succeed, your case must typically be supported by expert medical witnesses who explain how the provider’s actions deviated from accepted standards.

What Should You Do If You Suspect Malpractice?

1. Get a second opinion: Your health comes first. Find another provider to assess your current condition and correct any ongoing issues.
2. Request your medical records: You have a legal right to see your full file. Don’t delay, records are essential to evaluating your case.
3. Keep a timeline and document your experience: Dates, symptoms, conversations with providers–all of this is helpful to your legal team.
4. Speak with a medical malpractice attorney: These cases are legally and medically complex. An experienced lawyer can help determine if your situation qualifies under Wisconsin law.