Harmed by a Medical Error in Madison?
Here’s what to do next — step by step.
Check your medical malpractice claim in 60 seconds — see your filing deadline, your legal options, and your next steps. Completely free.
Key Takeaways
- Seek care from a different provider immediately and request your complete medical records from the facility where the error occurred — these records are the foundation of any malpractice claim.
- Under Wis. Stat. § 893.55, you generally have three years from the date of injury to file, with a discovery rule extending the deadline up to one year from discovery but no more than five years from the act or omission.
- Wisconsin’s modified comparative negligence rule (Wis. Stat. § 895.045) applies — your compensation is reduced by your fault percentage (e.g., failing to follow medical instructions) and eliminated if you are 51% or more at fault.
- Madison is home to a dense healthcare landscape including UW Health (ranked #1 in Wisconsin), SSM Health St. Mary’s, and UnityPoint Health-Meriter, with multiple teaching hospitals and residency programs where the full spectrum of medical errors can occur.
- Do not give a recorded statement to the provider’s insurer or accept any settlement offer — Wisconsin requires mandatory mediation before filing a malpractice lawsuit (Wis. Stat. § 655.445), and navigating this process without an attorney puts you at a disadvantage.
- Most medical malpractice attorneys work on contingency with free initial consultations, and Wisconsin’s Injured Patients and Families Compensation Fund (Wis. Stat. § 655) ensures that even catastrophic claims exceeding $1 million have a funding mechanism.
Get the medical care you need right now
If a medical error has caused you harm, your immediate priority is getting proper treatment to address the injury. This may mean seeking care from a different provider than the one who made the mistake.
Madison offers excellent alternatives. UW Hospital and Clinics is ranked #1 in Wisconsin and is a nationally recognized academic medical center. SSM Health St. Mary’s Hospital offers a broad range of specialties. UnityPoint Health-Meriter provides community hospital services. If you need to switch providers, these facilities and the many specialty clinics throughout Dane County can help.
Do not delay treatment. Your health is the priority, and the care you receive now creates records documenting the harm caused by the original error.
Request and preserve your complete medical records
Request copies of your complete medical records from the provider or facility where the error occurred. Under HIPAA, you have the right to obtain your records. Submit your request in writing to the provider’s medical records department.
These records are the foundation of any malpractice claim. They document what treatment you received, what decisions were made, and what may have gone wrong. Also preserve records from all subsequent treatment — they document the harm and corrective care needed.
Document everything
Start a detailed written record: what symptoms led you to seek care, what treatment you received and from whom, when you realized something went wrong, what complications you experienced, how the error has affected your daily life, all medical appointments and expenses, and all lost work days.
This contemporaneous record will be invaluable later. Be specific about dates, providers, and symptoms.
Do NOT discuss the situation publicly or with the provider’s insurance
Do not post on social media. Do not give a recorded statement if the provider or their insurer contacts you. Do not sign documents, releases, or waivers. Do not accept settlement offers. Say: "I’m not prepared to discuss this at this time" and consult an attorney.
Understand Wisconsin’s medical malpractice rules
Statute of limitations: Under Wis. Stat. § 893.55, you generally have three years from the date of injury. If the injury wasn’t immediately discoverable, the deadline may extend to one year from discovery — but no more than five years from the act or omission. For minors injured before age eight, the deadline extends to the child’s tenth birthday.
Mandatory mediation: Wisconsin requires an attempt at mediation before filing a malpractice lawsuit unless both parties waive it (Wis. Stat. § 655.445).
Comparative negligence: Wis. Stat. § 895.045 applies — compensation is reduced by your fault percentage (e.g., failing to follow instructions) and eliminated if you are 51%+ at fault.
Know about Wisconsin’s Injured Patients and Families Compensation Fund
Wisconsin has a unique two-tier system. Healthcare providers who participate in the Injured Patients and Families Compensation Fund (Wis. Stat. § 655) pay into a state-managed pool. When a malpractice verdict or settlement exceeds $1 million, the Fund covers the excess.
This ensures that even in catastrophic cases — severe birth injuries, permanent disability, wrongful death — there is a funding mechanism beyond the individual provider’s insurance. Most licensed Wisconsin healthcare providers participate.
Understand what constitutes medical malpractice
Not every bad outcome is malpractice. To have a valid claim, you generally need to establish: a provider-patient relationship existed (duty of care), the provider breached the standard of care (failed to act as a competent provider in the same specialty would), the breach caused your injury (direct connection between error and harm), and you suffered actual damages (medical expenses, lost wages, pain, or other measurable harm).
Expert medical testimony is almost always required to establish the standard of care and prove the provider fell below it.
Consult a medical malpractice attorney
These cases are among the most complex and expensive to pursue. They require expert witnesses, extensive record review, and specialized legal knowledge. An experienced attorney can review records and consult with experts, navigate Wisconsin’s mediation requirements, identify all liable parties, calculate full damages including future needs, handle the Injured Patients Fund complexities, and take the case to trial in Dane County Circuit Court if necessary.
Most work on contingency with free initial consultations.