In a recent study performed by Johns Hopkins Medicine, medical error is the third most common cause of death in the United States. Knowing that medical malpractice is common, you would think that there would be a lot of lawsuits in this category. However, in Wisconsin, filing a lawsuit due to medical malpractice is rare.  

Sarah and Peter Koskey know first hand how hard it is to file a medical malpractice lawsuit in Wisconsin. Their son, Chris, 31 years old, had just had back surgery at Aurora St. Luke’s Medical Center. After Chris’s surgery, the doctor sent Chris home, stating he had no pneumonia. 4 a.m. following Chris’s 8 p.m. release from the hospital, Sarah went to check on her son, finding that she needed to rush him to the hospital. Chris had suffocated from pneumonia in his lungs and was declared brain dead.

After Chris’s tragic death, his parents requested an investigation, and the result was that there was no wrongdoing in his case. The tragedy continues as Chris’s parents attempt to take their case to court, but are denied that request. According to Wisconsin law, only a spouse or a minor child can sue for death due to medical practice. This law is 27 years old and clearly outdated as the Koskey family cannot gain compensation for the wrongful loss of their son.  

There are many types of medical malpractice cases, including birth injuries, wrongful death, misdiagnoses, nursing home neglect, and much more. These cases are all too common, and it is important to know that if you are eligible for filing a lawsuit, you can and should hire a lawyer.

Unfortunately, parents of an adult child and an adult child whose parent passes are not allowed to file a lawsuit in the state of Wisconsin. However, all spouses and minor children of deceased parents can file a lawsuit. Filing a lawsuit can help you get the compensation you deserve to attempt to soften the blow of losing a loved one. Lawsuits can be a complex process, and that is why the need for a lawyer is imperative.

If the loved one you lost, was the primary income facilitator for your family, a lawsuit might be the only way to stay afloat in this time of grieving and recovery. Compensation can help you pay for medical bills, pain, and suffering, and can keep your standard of living until other arrangements can be made.

For medical malpractice being the third leading cause of death in the United States, there are not enough medical malpractice lawsuits to match that statistic in Wisconsin. So until the law stating who is eligible to file a medical malpractice lawsuit, only spouses and minor children get the opportunity to help the statistic. If you are able to file a lawsuit, it is in your best interest to a hire a lawyer, and fight for the compensation you deserve.