Behind Wisconsin’s medical malpractice laws

Oct 07

The laws behind medical malpractice in Wisconsin are discouraging to victims who want to sue on behalf of their own injuries, or on behalf of their loved one who passed away. The first discouraging law is that in order to sue on behalf of a loved one, you either have to be their spouse or their minor child. These two categories are very limiting. Once your child turns 18, they cannot sue on behalf of you for medical malpractice, and you cannot sue on behalf of them. On top of this restricting list of who can sue, there is a monetary cap on noneconomic award someone can receive in court. With the cap at $750,000, it only hurts the severely and fatally injured who deserve more than that, while it gives the less severe the ability to receive the maximum amount.

This monetary cap is the most limiting to the severely injured, like Ascaris Mayo. Mayo checked into the Columbia St. Mary’s Hospital in 2011, complaining of abdominal pain and fever. Her doctor recognized her infection, but instead of informing Mayo of her condition and probable treatment, she was sent home to consult her gynecologist about urinary related infections. As she was home, her condition worsened, and she was rushed to the emergency room, diagnosed with a septic infection. The infection put Mayo in a coma, causing dry gangrene on her limbs, forcing a four-limb amputation upon her.

The Mayos sued on behalf of medical malpractice, receiving plenty of money to cover medical bills and rehabilitation, noneconomic awards, but capping her other awards at $750,00. They further sued on account of this cap being unconstitutional, stating that there is no reason to deprive Mayo of her deserved monetary amount if there was not this cap in place.

Mayo lost all of her limbs. Her quality of life changed drastically due to the error of a doctor and a physician’s assistant. Her husband lost a lot in his wife, a loss of companionship as she is immobile and her mental state will alter drastically as well. The court said that the medical cap placed here would decrease the Mayo’s monetary reward by 95 percent.

While Mayo was awarded her deserved amount in the billions in this case, the Wisconsin medical cap is still in place, which means if you or a loved one is injured in a medical malpractice case, you need an experienced lawyer to help you fight for what you deserve.

Putting all your faith in a doctor is a very trusting action, and when they do you wrong, it is not your fault. Experts say that even more often than you think, “that trust is misplaced.” Medicine is not perfect, and even when doctors try their best, results can vary. However, when a doctor deliberately does not do their job, neglects to inform the patient of results, or the doctor simply does not follow protocol, a lawsuit can take place. Do not be afraid to take legal action against a doctor that wronged you.

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