Medical Malpractice Lawyers

Experienced Medical Malpractice Attorneys

We place our trust in healthcare providers. Unfortunately medical mistakes happen all too frequently, and they can dramatically impact your quality of life. If your healthcare provider fails to meet the “standard of care” and leaves you permanently injured, you may have a case for medical malpractice and be entitled to compensation.

In Wisconsin, medical malpractice cases are complex and governed by different rules than typical personal injury cases. Gingras, Thomsen & Wachs has represented Wisconsin families for decades. Our team of experienced medical malpractice attorneys understands that this process can be painful and complex, but we’re dedicated to righting the wrong your family has endured.

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Common Medical Malpractice Scenarios

in Wisconsin, medical malpractice cases often involve:

  • Birth injuries such as cerebral palsy, hemorrhage, seizure disorders, nerve injuries and broken bones
  • Missed or delayed diagnosis
  • Misreading or ignoring laboratory results
  • Unnecessary surgery or procedures
  • Surgical errors
  • Improper medication or dosage
  • Poor follow-up or aftercare
  • Premature discharge
  • Failure to order proper testing or recognize symptoms
"Gingras, Thomsen & Wachs represented my children and me in a medical malpractice case involving the death of my husband. They were very attentive to our needs. The case was settled eliminating the need to go to trial. They did a wonderful job for us."

Linda J.

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Contact Gingras, Thomsen & Wachs to have your medical malpractice case evaluated by one of our experienced attorneys. Se habla español.

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Common Questions About Medical Malpractice

Who is liable for medical malpractice?

Doctors are most often liable when their direct actions cause you to suffer harm.

Most hospitals contract doctors rather than employ them. The contractual agreements are often a way for hospitals to distance themselves in the event of malpractice. However, some issues may arise that allow the hospital to hold liability in this type of case.

You may prove that the hospital holds liability if they contract a doctor who they knew had a history of negligence or was not properly trained. Hospitals must ensure you have the proper care. When they put you in harm’s way by allowing a negligent or untrained doctor to practice medicine, they’re liable for any damages you sustain.

If both parties are liable, you may be able to take legal action against both the hospital and the doctor.
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How should I document my concerns in a medical malpractice case?

Medical malpractice cases require you establish these specific facts:

- A doctor-patient relationship existed
- The doctor was negligent
- The doctor’s negligence caused the injury
- The injury led to specific damages

Collect as much information possible to establish these facts. Medical records, pre/post op instructions, emails, voicemails and video related to the medical procedure in question help prove your case.
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Who can file a medical malpractice case?

In Wisconsin, the injured party or the spouse, domestic partner, child, parent or guardian of the injured party may bring a medical malpractice case.
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Is it medical malpractice if I have had a bad result or complication?

A bad outcome or complication alone is not evidence of malpractice. Medical malpractice occurs when the care provided by the medical provider falls below the accepted standard of care for that profession, and that failure caused harm. You must have both negligence and a bad outcome or complication to have a medical malpractice case.
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Do I still have a medical malpractice case if my health insurance paid my medical bills?

Insurance payments do not impact your right to bring a medical malpractice case to court, but your settlement amount may be affected if insurance covers all or part of your medical expenses. Insurance companies and healthcare providers can issue a lien against your settlement proceeds, which can lower the amount you receive in a settlement.
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How long do I have to file a claim following medical malpractice?

The statute of limitations is a time limit established by the laws of Wisconsin, and it determines how long you have to file a lawsuit. The statute of limitations varies depending on the details of your medical malpractice case, so we recommend you pursue your case immediately.
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Legal Options Following Medical Malpractice

If you or your loved was a victim of medical malpractice and you decide to take legal action, Gingras, Thomsen & Wachs will fight for compensation, which may include:

  • Medical expenses — past, present and future
  • Pain, suffering, loss of enjoyment of life and interference with family relationships
  • Emotional distress
  • Lost wages, future earnings and earning capacity
  • Punitive damages
  • Death and disability when applicable

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