How Do I Know If My Injury Constitutes Medical Malpractice?

The standard of care for all Wisconsin health care providers is defined as the degree of skill, care and judgment which reasonable health care providers would exercise in the same or similar circumstances. If the care falls below the accepted standard and injury is the direct and proximate result of the medical professional`s negligence, that medical professional may be liable for damages to the patient for their injury. In general, the patient must show that the health care provider owed a duty to the patient, breached that duty, that the patient suffered an injury that was a proximate result. It is important to note that medical malpractice claims are very difficult to prevail in and are also extremely expensive partly due to the need for qualified expert review and testimony. The burden of proof is on the patient to prove the defendant was negligent and that that negligence was a cause of the injury. Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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