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Healthcare professionals and institutions are expected to provide high-quality care for patients. Unfortunately, this is not always the case. Through their carelessness, misconduct, or incompetence, healthcare professionals or institutions can fail in their duty and cause harm to patients.

If you believe you have been a victim of medical malpractice, you have the right to seek compensation through a medical malpractice claim. However, medical malpractice cases are challenging, so you must consult an attorney to determine the best legal course of action. If you are looking for medical malpractice attorneys in Eau Claire, WI, you have come to the right place. At Gingras, Thomsen & Wachs, LLP, we have extensive experience in medical malpractice cases and offer exceptional legal representation to clients in need.

What is Considered Medical Malpractice?

Medical malpractice, also referred to as medical negligence, is when a healthcare provider fails to provide appropriate treatment to a patient, resulting in injury, harm, or death to the patient. For example, if a doctor deviates from the established standard of care and causes injuries to the patient, then they can file a medical malpractice claim against the doctor.

There are various types of medical malpractice cases, including surgical errors, misdiagnosis, failure to treat, delayed diagnosis, failure to obtain informed consent, emergency room negligence, birth injuries, and prescription errors. If you are not sure whether you have the legal grounds for a medical malpractice case, we suggest you consult Eau Claire, WI medical malpractice lawyers from our firm.

The Legal Process of A Medical Malpractice Lawsuit

Depending on the specifics of your case, you can file a medical malpractice lawsuit against medical professionals such as doctors or surgeons, or you can file against healthcare facilities such as hospitals or clinics. Medical negligence lawyers in Eau Claire, WI, can determine who is at fault for your suffering.

Once you have identified the at-fault party, you can initiate a medical malpractice lawsuit by consulting our Eau Claire, WI, medical malpractice law firm. If the attorney determines that you have the legal grounds for a medical malpractice case, they draft a formal complaint and file it in the appropriate court. They will also need to serve a copy of the complaint to the defendant. This will initiate a series of legal proceedings, including a discovery phase where both parties gather evidence and exchange information. They can choose to engage in negotiations to settle the case out of court, or if that doesn’t work, then the case will proceed to a trial.

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Why Are Medical Malpractice Cases Challenging?

Medical malpractice cases are one of the most challenging types of legal disputes in personal injury law. One of the primary reasons is the complexity of medical issues. Laypersons often find it difficult to understand the terminology, treatment protocols and procedures, medical standards of care, and the relationship between the victim’s injuries and the healthcare provider’s actions. Attorneys often need assistance from experts to understand the complexities of the case. In some cases, it may be difficult to find medical experts who are prepared to testify against other healthcare providers. This is especially true if the dispute is controversial or there is no clear evidence supporting either side.

The burden of proof in medical malpractice cases is generally on the plaintiff who has to investigate and gather evidence to support their claim. Gaining access to medical records is often difficult, making it challenging for victims to build a strong case.

The plaintiff also has to clearly establish the causation of the incident. This means that they need to prove that the negligence of the healthcare provider directly resulted in their injuries. Healthcare providers often try to deflect blame using factors such as inherent risks with the medical procedure or the patient’s pre-existing conditions.

Consult a Medical Malpractice Lawyer at Gingras, Thomsen & Wachs, LLP

At Gingras, Thomsen & Wachs, LLP., we can help through the challenges and complexities of your Eau Claire medical malpractice case. After our initial assessment of your case, we offer our recommendations for the best legal strategy, and if you choose to hire us, we start building a strong case to get you full and fair compensation for your suffering. For more information about Gingras, Thomsen & Wachs, LLP, visit our medical malpractice page. When you are ready to schedule a free consultation, please call us.

If you have suffered injuries as a result of another party’s negligence, our Eau Claire personal injury lawyers are ready to advocate for your rights and assist you in pursuing rightful compensation.

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