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Eau Claire Medical Malpractice Lawyer
Have you or a loved one experienced medical malpractice in Eau Claire?
Lein Law is here to help. Our team of experienced medical malpractice lawyers specializes in cases just like yours, fighting for justice and compensation for victims and their families.
We understand the pain and frustration that comes with medical negligence, and we are here to guide you through the legal process.
By hiring our dedicated Eau Claire medical malpractice lawyers from Lein Law, you can know that your case is in capable hands. We have a proven track record of success, with the knowledge and resources necessary to build a strong case on your behalf.
Don’t wait any longer to seek justice. Contact the Lein Law Firm today to schedule a free consultation.
Lein Law Offices
Address:
1101 W. Clairemont Ave Suite 1E7, Eau Claire, WI 54701
What is Medical Malpractice?
Medical malpractice refers to the situation where a healthcare provider, such as a doctor, nurse, or hospital, has provided substandard care that has resulted in harm or injury to a patient.
In these cases, the provider has breached their duty of care towards the patient by failing to provide treatment that meets the accepted standard of care within the medical community.
To determine if medical malpractice has occurred, several factors are considered. It must be established that there was a doctor-patient relationship, meaning medical care was sought out by the individual, and the provider had a legal obligation to provide care.
It must be proven that the healthcare provider was negligent by failing to adhere to the standard of care expected in similar circumstances.
This negligence can be demonstrated by showing that another competent professional would have acted differently under the same circumstances. It must be proven that the action or inaction directly caused harm or injury to the patient.
At Lien Law, our legal team will evaluate your claim, gather evidence, and navigate the legal process to pursue financial compensation for you.
Types of Medical Malpractice Claims Eau Claire
Medical malpractice refers to negligence or professional misconduct by healthcare providers that results in harm or injury to a patient.
Various types of medical malpractice claims can arise from different scenarios and circumstances. These claims typically involve cases such as:
Surgical Errors
Surgical errors occur when a healthcare provider deviates from the expected standard of care in performing a medical procedure.
Botched surgeries may include operating on the wrong site, leaving surgical instruments inside the body, or amputating the wrong limb.
Birth Injuries
Birth injuries refer to permanent damage or disability caused to a newborn child due to the negligence of a healthcare provider during labor and delivery.
This can include failure to diagnose medical conditions in the mother or fetus, improper use of forceps or vacuum extractor, or failure to perform a cesarean section in time.
Failure to Obtain Informed Consent
Informed consent refers to a healthcare provider obtaining patient permission before performing a medical procedure or administering medication.
If a healthcare provider fails to obtain informed consent, they can be held liable for any resulting harm or injury to the patient.
Anesthesia Errors
Anesthesia errors occur when an anesthesiologist administers too much or too little anesthesia, fails to monitor the patient during surgery, or fails to recognize signs of distress.
Medication Errors
Medication errors occur when the wrong medication is prescribed, the wrong dose is given, or medications are administered incorrectly.
This inappropriate treatment may cause serious side effects or drug interactions that can be dangerous to a patient's health.
Misdiagnosis or Delayed Diagnosis
Misdiagnosis occurs when medical staff fails to identify an illness or condition that is present in a patient.
This can lead to delayed treatment, worsening the patient's condition or even causing a fatality.
Statute of Limitation for Medical Malpractice Cases in Wisconsin
In Wisconsin, medical malpractice claims must be filed within three years of the date of injury or one year from the date that the injury was discovered. Any claim must be brought no later than five years from when the act causing the injury occurred, regardless of when it was discovered. [1]
Standard of Care and Duty of Care for Medical Professionals
The standard of care takes into account the available knowledge, technology, and resources at the time of the alleged malpractice. On the other hand, duty of care is the legal obligation that healthcare providers have to their patients.
Compensation for Medical Malpractice Claims in Wisconsin
In Wisconsin, those who have suffered harm or injury due to medical malpractice may be entitled to seek compensation from the responsible healthcare provider. This compensation can include reimbursement for:
Loss of companionship or consortium
Spouses and close family members of victims may be eligible to seek compensation for the loss of companionship or consortium that resulted from medical malpractice.
Lost earnings
If a victim cannot return to work due to their injuries or illness resulting from medical malpractice, they may be eligible for reimbursement of lost wages.
Medical bills
Victims may be entitled to reimbursement for related medical expenses such as hospital stays, medication, rehab costs, etc.
Pain and suffering
Victims of medical malpractice may be entitled to seek compensation for physical pain, mental anguish, and emotional distress caused by the incident.
The maximum amount of damages recoverable is capped at $ 750,000. Punitive damages are also available in some cases where the healthcare provider’s negligence was particularly egregious. [2]
Contact Our Experienced Medical Malpractice Lawyers Today
If you or a loved one has experienced harm or injury due to medical malpractice, at Lein Law, our attorneys are knowledgeable regarding medical malpractice law and will provide you with information about your rights and options for pursuing compensation. Contact us today for a free consultation.
References:
[1] Statute of Limitations in Wisconsin | Find the Wisconsin Statute of Limitations for Personal Injury, Malpractice, and Negligence. (2020, August 27). Statutes of Limitations. https://www.statutes-of-limitations.com/state/wisconsin/
[2] Goguen, D. (n.d.). Wisconsin Medical Malpractice Laws. www.nolo.com. https://www.nolo.com/legal-encyclopedia/wisconsin-medical-malpractice-laws.html
