Wisconsin Medical Malpractice Archives - Page 2 of 4

Wisconsin Appellate Court Revives Inmate’s Medical Malpractice Case

November 7, 2021

The Wisconsin Court of Appeals held in its opinion dated September 29, 2021: “Brandon Winzer appeals from a circuit court order dismissing his medical malpractice claim against Dr. Hartmann and Mercy Medical Center (Mercy) as time-barred under the applicable statute of limitations, WIS. STAT. [...]

Wisconsin Appellate Court Holds Medical Malpractice Claim Against Physician Assistant Cannot Be Maintained If His Employer Is Not A Party

March 19, 2021

The Wisconsin Court of Appeals District IV (“Wisconsin Appellate Court”) stated in its decision dated January 14, 2021: “The dispositive issue before this court is whether a suit against an individual who is not a statutorily defined health care provider (Gander), but is an employe[...]

Wisconsin Supreme Court Approves Alternative Methods Instruction In Affirming Medical Malpractice Defense Verdict

June 18, 2020

In a case decided on April 24, 2020, the Supreme Court of Wisconsin (“Wisconsin Supreme Court”) held: “We conclude that based on all of the expert testimony introduced at trial, the jury was properly given the alternative methods instruction in this case. Therefore, we reverse the [...]

Washington Appellate Court Affirms $10.8M Judgment For Mental Health Professional’s Negligence

April 30, 2019

The Court of Appeals Division I State of Washington (“Washington Appellate Court”), in its unpublished opinion filed on April 22, 2019, upheld a $10.8 million verdict for a mental health professional’s alleged negligent failure to involuntarily detain a man who had recently suffere[...]

$22.5M Wisconsin Medical Malpractice Settlement For 6-Week-Old’s Brain Damage

April 29, 2019

The Wisconsin Injured Patients and Families Compensation Fund reportedly has agreed to pay $22.5 million to settle a Wisconsin medical malpractice lawsuit alleging that a resident physician who was providing anesthesia services during surgery on a 6-week-old boy at UW Health’s American Family Chil[...]

Wisconsin Appellate Court Reverses Birth Injury Medical Malpractice Defense Verdict Due To Erroneous Alternative Methods Jury Instruction

April 23, 2019

The State of Wisconsin Court of Appeals District I (“Wisconsin Appellate Court”), in its decision filed on April 16, 2019, reversed a defense verdict in a Wisconsin birth injury medical malpractice case, finding that the trial court erroneously provided the jury with a misleading alterna[...]

Wisconsin Appellate Court Applies Discovery Rule In Reviving Medical Malpractice Wrongful Death Case

February 25, 2019

In its decision filed on February 14, 2019, the Wisconsin Court of Appeals held in a Wisconsin medical malpractice wrongful death case that “summary judgment should not have been granted in favor of [the defendant cardiac surgeon]. Instead, we conclude that there are competing reasonable infer[...]

Wisconsin Supreme Court Finds $750,000 Cap On Medical Malpractice Noneconomic Damages Is Constitutional

July 1, 2018

In its opinion filed on June 27, 2018, the Supreme Court of Wisconsin (“Wisconsin Supreme Court”) held “the $750,000 cap on noneconomic damages in medical malpractice judgments and settlements is constitutional both facially and as applied to the [plaintiffs].” History Of Wis[...]

$325K Pharmacy Error Settlement Reached In Wisconsin Wrongful Death Case

February 25, 2018

A Wisconsin lawsuit alleging that the error of a pharmacist who filled a patient’s prescription with double the strength of an opioid that the patient had been taking for a year-and-a-half that led to her death has been settled for $325,000, which is $25,000 less than the $350,000 cap on nonec[...]

Wisconsin Appellate Court Strikes Down Medical Malpractice Noneconomic Damages Cap

July 7, 2017

In its decision filed on July 5, 2017, the Wisconsin Court of Appeals District I (“Appellate Court”) held that Wisconsin’s statutory $750,000 cap on noneconomic damages in medical malpractice cases (WIS. STAT. § 893.55 (2015-16)) is unconstitutional on its face because it impos[...]

Wisconsin Appellate Court Affirms Contributory Negligence Finding In Mental Patient’s Suicide

June 21, 2017

The Wisconsin Court of Appeals filed its decision on May 25, 2017 that affirmed a Wisconsin medical malpractice jury’s verdict that found that a psychotic patient committed to an inpatient mental health care facility could be found contributorily negligent for his suicide. The Wisconsin medica[...]

Wisconsin Supreme Court Affirms $1.75M Brachial Plexus Injury Verdict, Discusses Daubert Challenge

January 11, 2017

In its decision filed on January 6, 2017, the Supreme Court of Wisconsin (“Wisconsin Supreme Court”) affirmed a Wisconsin medical malpractice jury’s verdict in the amount of $1,750,000 in favor of a baby who suffered a permanent brachial plexus injury during his delivery that the [...]

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Category: Wisconsin Medical Malpractice