Medical Malpractice

WI Medical Malpractice?

Is it true that a medical malpractice lawsuit in the state of WI cannot be filed by family members who are not the spouse or minor child of the deceased? What if the spouse preceded the victim in death and the children are all well above the age 18? The following two factors played a direct role between the neglegent treatment and subsequent death: - Failure to provide appropriate treatment for a medical condition; - Unreasonable delay in treating a diagnosed medical condition; Is there anything else that can be done? Is no one to be held accountable? I understand that it may be difficult to prove a loss when not direct relation, but what if there IS direct relation...in this case the deceased's children over the age of 18 (all in their 40's and 50's). Wait - I just reread that answer and think I understand. I don't think monetary loss is what the family is claiming, but the wrongful death of a loved one is certainly worth taking some sort of action. Punitive damages or not, I'm having a hard time understanding why a suit cannot be filed by the family. Just so someone can be held responsible.

Public Comments

1. It is difficult to prove a loss when one is not a direct relation to the person involved. You can file a complaintn to the certification board that may result in the doctor or other medical personel facing licence revocation, but you cannot sue for monetary damages that you did not incur.