Milwaukee Medical Malpractice Lawyers
A Milwaukee medical malpractice lawyer works to help medical malpractice victims recover from their injuries. A medical malpractice lawsuit may be brought by a victim who physically suffers from medical malpractice or by the victim’s surviving family members in the form of a wrongful death lawsuit if the medical malpractice caused the victim’s death. Any medical professional, such as a doctor or nurse, or medical entity, such as a hospital, may be a medical malpractice defendant. An experienced Milwaukee medical malpractice lawyer from the firm of Pasternak & Zirgibel will review your case, free of charge, and help you identify the proper defendants. We understand that you sought medical care to improve your health and that you have suffered in irreparable ways due to the negligence of others. We are committed to helping you with your recovery.
How a Wisconsin Medical Malpractice Lawyer Can Help You
A Wisconsin medical malpractice lawyer will help protect your rights by investigating and litigating your medical malpractice claims. First, a Wisconsin medical malpractice attorney will make sure that you file your lawsuit in a timely manner. In Wisconsin, a medical malpractice victim generally has three years from the date of the injury to file a medical malpractice lawsuit. The three year statute of limitations may be extended in some cases when the victim could not have reasonably known about the injury caused by the medical malpractice within the usual three year statute of limitations or when the medical malpractice victim is a minor.
Next, your Wisconsin medical malpractice attorney will make sure that you are filing a proper claim pursuant to Wisconsin medical malpractice law. A medical malpractice lawsuit can be brought for birth defects, surgical errors, late diagnoses, misdiagnoses, misfiled prescriptions and other injuries that occur because of a medical professional’s negligence.
In order to recover damages in a Wisconsin medical malpractice lawsuit, the plaintiff, together with his or her Milwaukee medical malpractice attorney, must prove:
- That the defendant had a duty of care to the victim. If the victim was a patient of the defendant’s then this element of medical malpractice is satisfied.
- The defendant breached the duty of care by failing to act like a reasonable person with similar credentials would act in similar circumstances. For example, an obstetrician failed to act like other reasonable obstetricians would act or a hospital failed to take the safety precautions that other reasonable hospitals would take.
- The defendant’s breach of his duty of care was the cause of the victim’s injuries. In other words, the injuries would not have happened but for the defendant’s breach of duty. The harm that befell the patient must be as a result of the doctor’s actions or inactions and not the underlying disease.
- The plaintiff is entitled to damages pursuant to Wisconsin law because the above elements of negligence were satisfied.
Potential Damages for a Wisconsin Medical Malpractice Victim
A plaintiff who is successful in a medical malpractice case is entitled to damages. A plaintiff may recover all of his or her economic damages such as medical bills, rehabilitation costs and lost income due to the inability to work. A plaintiff may also recover up to $750,000 for non-economic damages such as pain and suffering. Non-economic damages may be different if the victim died as a result of medical malpractice and the plaintiffs are the survivors of the victim who are bringing a wrongful death lawsuit. Each medical malpractice damage award is highly individualized. However, an experienced Milwaukee medical malpractice attorney can review your potential damages with you.
Contact Pasternak & Zirgibel – Experienced Wisconsin Medical Malpractice Lawyers
The experienced Wisconsin medical malpractice attorneys of Pasternak & Zirgibel know that you sought medical care in order to get help and that instead you were harmed. We believe that you deserve compensation for harm that you sustained because of negligent medical staff or medical entities and we are committed to fighting for you recovery.
Our firm of Wisconsin medical malpractice lawyers represents clients throughout the state of Wisconsin including in Milwaukee and the surrounding areas such as Cudahy, West Allis, West Milwaukee, South Milwaukee, Whitefish Bay, Wauwatosa, Shorewood, Franklin, Glendale, Greendale, Greenfield, Oak Creek, Washington County, Racine County, Waukesha County, Jefferson County and Ozaukee County.
We invite you to call us at (262) 785-0802 or to fill out our online contact form. We would be pleased to provide you with a free, no obligation consultation at your convenience. Each Wisconsin medical malpractice lawyer in our firm is committed to representing those who have been harmed by medical malpractice and we will not collect a fee unless you recover damages.