Wisconsin Medical Malpractice Attorneys

Holding Negligent Medical Professionals Accountable

Doctors and medical professionals owe every patient a legal duty of care, which means they must act as a reasonable professional would in the same situation. Medical mistakes can have life-changing consequences, and if you have been injured or your condition has worsened after treatment, it is understandable to question what went wrong.

If a serious medical error contributed to your injury, you may have grounds for a medical malpractice claim. A skilled medical malpractice attorney can help you understand your options, and that is where Bye, Goff & Rohde can assist you. For more than 50 years, we have represented injured patients across Wisconsin. Our lawyers are known for meticulous preparation and strong results, supported by more than 215 years of combined experience. Every partner at the firm is Board Certified in Civil Trial Law, which reflects our commitment to the highest standards of advocacy.

What Counts as Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and the patient is harmed. Not every mistake is negligent. The law only considers it malpractice when a provider acts below what a reasonably skilled professional would have done in the same situation. In addition, patients assume a level of personal risk when engaging in medical procedures especially those which are elective, which impacts whether the treating medical provider was negligent when adverse conditions arise from a procedure.

For a medical malpractice claim to succeed, the patient must meet specific legal requirements. These elements form the basis of every medical negligence case.

A Duty of Care Must Exist

There must be a recognised patient-provider relationship. This forms as soon as a medical professional agrees to evaluate, diagnose, or treat a patient. Once it exists, the provider has a legal duty to deliver care that meets professional standards. Without this relationship, a medical malpractice claim cannot proceed.

There Must Be a Breach of the Standard of Care

A breach of duty occurs when a medical professional acts below the standard expected of a reasonably competent provider in the same field. An honest mistake is not enough to meet this requirement. The error must be something that a reasonable and qualified medical professional would not have done in the same circumstances.

The Breach Must Cause the Injury

The next step is direct causation. It is not enough to show that negligence occurred. The injury must be connected to that negligence in a clear and factual way. If the harm would have happened regardless of the provider’s actions, this requirement would not be met.

The Patient Must Have Suffered Actual Damages

A valid medical malpractice case also requires proof of measurable harm. This can include an additional injury, a worsening of the underlying condition, an ongoing disability, or financial losses caused by the medical provider’s negligence. Without evidence of real and identifiable damages, a medical malpractice claim cannot proceed.

Our medical malpractice attorneys in Wisconsin have a deep understanding of the key principles of medical negligence. We work with reputable medical providers and expert witnesses to review your records, assess the facts, explain your options, and pursue all valid avenues of medical malpractice compensation.

Common Types of Medical Malpractice Cases Our Lawyers Represent

Medical negligence can take many forms. Unfortunately, patients are not always given a clear explanation of what went wrong. Our Wisconsin medical malpractice attorneys are highly experienced in the different types of medical malpractice that can occur. We will review your situation in detail and give you clear, practical guidance on your options.

The most frequent forms of medical negligence we deal with:

Misdiagnosis: This occurs when a provider identifies the wrong condition or overlooks a condition that should have been detected. Misdiagnosis often leads to delayed treatment and unnecessary procedures.
Delayed Diagnosis or Failure to Diagnose: Even when the correct condition is eventually identified, harmful delays can allow the problem to worsen. In some cases, the condition is missed entirely.
Medication and Prescription Errors: These errors may involve the wrong dose, the wrong medication, or a dangerous combination of drugs. Medication mistakes can cause serious and avoidable health complications.
Failure to Treat a Known Condition: Providers may diagnose a condition correctly but fail to offer timely or appropriate treatment. This can include premature discharge or failure to follow up on test results.
Surgical Mistakes: Surgical errors may involve operating on the wrong area, injuring nearby organs, or leaving equipment inside the patient. These mistakes often lead to significant complications or even death.
Anesthesia Errors: Anesthesia mistakes can occur at any stage of a procedure and may involve incorrect medication levels or failure to monitor the patient properly.
Birth Injuries: Negligence during pregnancy, labour, or delivery can cause serious harm to both mother and child. Birth injuries can result from delayed intervention, poor monitoring, or improper decisions during birth.

If you have experienced any of these issues, the team at Bye, Goff & Rohde is here to listen and help you determine whether you have a valid claim for medical negligence.

Injuries and Complications Caused by Medical Mistakes

The consequences of medical negligence vary, but some injuries can be serious and long-term. Injured patients often have to cope with further treatment, ongoing health challenges, and the emotional strain that medical malpractice places on their families.

Our Wisconsin medical malpractice lawyers will ensure that your case is closely examined for the following common injuries

Worsening of the Underlying Condition: When a diagnosis is delayed or missed, a treatable condition can progress and become far more serious.
New Injuries During Treatment: Errors during surgery or other procedures can cause harm that the patient would not have suffered otherwise.
Organ Damage or Internal Injury: Avoidable mistakes can affect vital organs and lead to long-term complications.
Infections: Failure to follow proper hygiene or safety protocols can expose patients to serious and preventable infections.
Medication-Related Harm: Incorrect dosages, unsuitable medications, or dangerous drug interactions can result in significant injury.
Long-Term Disability: Some mistakes lead to permanent health issues that limit mobility, independence, or overall quality of life.
Emotional and Psychological Distress: The trauma of experiencing a medical error can have lasting emotional effects.

Quantifying your injuries and emotional harm is a crucial part of ensuring that you receive the maximum possible compensation for the harm caused by medical negligence.

Who Can Be Held Responsible for Medical Negligence?

Patients are often treated by a team of professionals, including general practitioners, consultants, surgeons, rehabilitative specialists, and nurses. This means several parties may be responsible for your injuries. Identifying who is legally accountable is a crucial part of your medical malpractice claim, and Bye, Goff & Rohde will carefully assess the role of each provider involved.

Doctors

Doctors are responsible for diagnosing conditions, recommending treatment, and providing ongoing care. Errors in judgment, failure to respond to symptoms, or improper decision-making can result in preventable harm.

Nurses

Nurses monitor patients, administer medication, and communicate important changes in a patient’s condition. Mistakes in these duties can lead to serious complications or delays in necessary treatment.

Surgeons

Surgeons must perform procedures with precision and care. Surgical errors, such as operating on the wrong area or causing avoidable injury during a procedure, can have serious consequences for the patient.

Anesthesiologists

Anesthesiologists are responsible for administering anesthesia safely and monitoring the patient throughout the procedure. Incorrect dosages or failure to respond to vital signs can create life-threatening situations.

Medical Specialists

Radiologists, pathologists, and other specialists play a crucial role in interpreting test results. Incorrect readings or failure to report important findings can lead to delayed or improper treatment.

Hospital Staff

Administrative and support staff may contribute to negligence through poor record keeping, miscommunication, or failure to follow established protocols. These issues can compromise patient safety.

Medical Facilities

Hospitals and clinics can be held liable for systemic failures, unsafe conditions, insufficient staffing, or the negligent actions of their employees. Institutional negligence can play a significant role in medical malpractice cases.

Determining liability in medical negligence cases can be complex, especially when multiple providers were involved in your care. Our medical malpractice attorneys will conduct a detailed investigation to ensure that every potential source of liability is identified and explored properly.

Key Wisconsin Medical Malpractice Laws

For a medical malpractice claim in Wisconsin to be successful, it must follow these strict legal rules.

Time Limits for Medical Malpractice Claims

Medical malpractice claims in Wisconsin must usually be brought within three years of the negligent act or within one year of when the patient knew, or should have reasonably known, that medical negligence caused their injuries.

The Medical Standard of Care

You must show that your medical provider failed to meet the accepted standard of medical care. This means the provider did not act as a reasonable medical professional would have acted in the same circumstances.

Proof of Damages

You must show that your harm was caused directly by negligent medical treatment. This means you suffered additional injuries, extended illness, unnecessary procedures, or financial losses that resulted directly from the medical error. Clear documentation of your medical treatment can help demonstrate this connection.

Your chances of receiving medical malpractice compensation rest on solid medical evidence and clear facts. Our medical malpractice attorneys can guide you through every legal requirement and give you the best possible shot at obtaining justice.

Compensation You May Be Able to Recover in a Medical Malpractice Claim

Financial compensation cannot undo your injuries, but it can support your recovery and long-term well-being.

Common types of compensation in medical malpractice cases include:

Medical Expenses: This includes the cost of additional treatment, corrective procedures, medication, rehabilitation, and any future medical care you may need because of the negligence.
Lost Income: Many patients are unable to work while recovering. Compensation can cover lost wages and any reduction in your future earning capacity.
Pain and Suffering: Medical malpractice often causes significant physical pain and emotional distress. This type of compensation acknowledges the impact of the injury on your quality of life.
Long-Term Disability: If the medical negligence results in permanent limitations, you may be entitled to compensation for mobility aids, home modifications, and ongoing care.
Loss of Enjoyment of Life: Some injuries prevent patients from returning to hobbies, activities, or aspects of daily life they once enjoyed.
Wrongful Death Damages: If medical malpractice results in a fatal injury, the family may seek compensation for funeral costs, loss of financial support, and the emotional impact of their loss.

At Bye, Goff & Rohde, you are more than just a case. We are committed to helping you obtain financial compensation that truly reflects your needs. This means that no valid avenue of medical malpractice compensation is overlooked.

Wisconsin Medical Malpractice FAQs

We understand that clients have many concerns when they are dealing with the effects of medical malpractice, and our attorneys in Wisconsin will always do our best to address them. Here are answers to some of the most common questions we are asked.

Do I need medical records before contacting a medical malpractice lawyer?

While having your medical records is helpful, there is no need to panic if you don’t have them yet. Medical facilities and insurers are not always cooperative, and delays are common. Our attorneys can formally request all the records you need and ensure that the correct information is obtained for your medical malpractice claim.

Does my medical malpractice case have to go to court?

Many medical malpractice cases are settled through negotiation, but this depends on the specific circumstances of your case. What matters most is that we work to obtain the maximum possible compensation you are entitled to, whether through settlement or litigation.

How much does it cost to hire a medical malpractice attorney?

Our medical malpractice attorneys in Wisconsin work on a contingency fee basis. This means you do not pay anything upfront, and legal costs are only due if compensation is recovered.

Speak With Our Leading Wisconsin Medical Malpractice Attorneys Today

Bye, Goff & Rohde is recognised as one of Wisconsin’s leading personal injury law firms. If you believe medical negligence caused your injuries, our client-first team is here to support you. We will review your medical records, work with reputable medical professionals, and explain your options clearly. For a free consultation with our Wisconsin medical malpractice attorneys, contact our law firm today. You can also call us to discuss your medical malpractice claim at (715) 425-8161.