7 Reasons to Sue for Medical Malpractice in Milwaukee Schedule a free consultation today

In order to prove medical malpractice occurred, our personal injury lawyers must be able to prove the doctor, nurse, hospital, or other medical professional did not provide the appropriate standard of care and caused harm to the patient. An expert witness must testify to what a competent doctor would have done and what the accused doctor did wrong. The physician’s care does not have to be perfect, but it must be reasonably careful and skillful. Medical malpractice does not include every tiny mistake or unsuccessful treatment. Every patient responds differently to treatments, so there is always a risk of complications in medical care. Poor results of treatment or surgery – even death – do not always mean medical malpractice occurred. Warshafsky has a medical doctor (who is also a lawyer) on staff to help establish liability and get you compensation. 

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The 7 most common reasons to sue for medical malpractice

• 1. Hospital Negligence
• 2. Misdiagnosis
• 3. Prescription Errors
• 4. Anesthesia Errors
• 5. Pregnancy Negligence
• 6. Surgical Errors

1. Hospital negligence & emergency room malpractice

When pursuing a medical malpractice lawsuit, the hospital, VA, or emergency room is liable for the actions of its employees, including:

• Nurses
• Medical technicians
• Paramedics

If a hospital employee harmed someone while doing something job-related, the patient can sue the hospital for the injury. However, doctors are often independent contractors, not hospital employees. In these cases, as long as the patient knew the doctor was not employed by the hospital, the hospital is not liable. Not every case of negligence in a hospital in considered malpractice. For example, if a custodian employed by the hospital fails to put out a “Wet Floor” sign and someone falls and is injured, it is a case of standard negligence, not medical malpractice.

Types of hospital malpractice injuries  

There are a wide range of reasons a hospital can be held accountable for malpractice, including but not limited to:

• Nurse administers medication incorrectly (wrong dosage, wrong drug, etc.)
• Nurse fails to follow doctor’s instructions or treatment plan
• Hospital staff improperly dresses/treats wounds, causing infection
• Medical technicians give anesthesia or drugs they should have known would cause a reaction for you
• Poor hospital staff hygiene
• Keeping inaccurate patient records
• Failure to properly disinfect any rooms or equipment
• Failure to make sure all staff and independent contractors have proper credentials (education, training, licenses)
• Failure to have enough nurses, technicians, and other staff available

If you believe any of these or similar situations happened to you or your loved one in the hospital, contact our medical malpractice attorneys as soon as possible.

ER errors and first responder negligence  

First responders (such as emergency medical technicians, ambulance crews, and firefighters) are generally protected from malpractice lawsuits due to the dangerous and unpredictable nature of their work and in order to preserve emergency services. If a first responder behaves recklessly or negligently, or if they intentionally cause an injury, their employer is held responsible.

Once a patient arrives at the emergency room, the ER doctors and nurses are held to standard medical malpractice regulations. It’s important to remember medical malpractice means a competent doctor in the same situation would have done something differently and prevented the injury. Due to the circumstances in an ER, physicians’ mistakes usually have to be quite severe to be considered negligence.

Other instances of emergency room malpractice include refusing to treat a patient. Under the Emergency Medical Treatment and Active Labor Act (EMTALA), the ER is required to examine and stabilize (as much as possible) any patient who arrives, whether they can pay or not. The hospital (not the ER doctor) can be held responsible for the violation of this rule, even if the ER transferred the patient to another facility instead of directly refusing to treat.

Good Samaritan rule

The Good Samaritan rule protects doctors, nurses, physicians, and other medical professionals if they offer assistance in an emergency outside the hospital. Wisconsin’s Good Samaritan statute states:

“Any person who renders emergency care at the scene of any emergency or accident in good faith shall be immune from civil liability for his or her acts or omissions in rendering such emergency care. This immunity does not extend when employees trained in health care or health care professionals render emergency care for compensation and within the scope of their usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of any emergency or accident, en route to a hospital or other institution equipped with hospital facilities or at a physician’s office.”

Off-duty doctors and non-medical professionals are judged by the Good Samaritan law, not medical malpractice standards unless the patient has a doctor-patient relationship with the rescuing doctor.

Wisconsin State Legislature: Injury to the person. Wisconsin Statute § 893.54 (2024). Medical malpractice; limitation of actions limitation of damages; itemization of damages. Wisconsin Statute § 893.55. Plaintiff in a wrongful death action. Wisconsin Stature § 895.04