When a hospital, doctor, nurse, or other medical care provider is negligent, and a patient suffers injuries, the injured person may be able to file a medical malpractice lawsuit. Negligence can include mistakes during the diagnosis, treatment, or follow-up care.
Proving a medical professional was negligent is challenging. Enlisting the help of a knowledgeable injury attorney could make a significant difference in your case. A seasoned Racine medical malpractice lawyer at the Law Offices of R.F. Wittmeyer, Ltd. could help establish if there is cause for a claim, collect evidence, and build a solid case to prove fault.
Examples of Medical Malpractice
Some of the most common examples of medical malpractice include the following:
- Misdiagnosis or failure to diagnose an illness,
- Laboratory results errors, including interpretation mistakes,
- Surgical errors or unnecessary procedures,
- Prescription errors or dosing mistakes,
- Inadequate follow-up care after an illness or procedure, and
- Premature hospital discharge.
Healthcare negligence can happen under many different circumstances. Because you must prove specific elements to establish liability and collect a settlement in a medical malpractice claim, reaching out to a knowledgeable attorney is Racine is crucial.
What Are the Characteristics of Medical Malpractice?
Patients who sustain injuries during a procedure or under a physician’s care do not automatically have a case against a healthcare professional. The cases must include specific characteristics to meet the standards of medical malpractice.
The Medical Professional Owed the Plaintiff a Duty of Care
The first element in medical malpractice claims is to show the court the healthcare professional owed you a legal duty of care when your injuries occurred. An example is establishing there was a doctor and patient relationship.
The Medical Provider Violated the Standard of Care
When a medical provider violates the standard of care and causes you harm, they could be liable for damages. The case must show the defendant failed to provide the quality of care another reasonably prudent medical professional would under similar circumstances.
The Doctor’s Breach of Duty Caused or Contributed to the Cause of Injuries
The evidence must also establish causation, meaning that the negligence must have caused the injuries or made them worse. Proving causation can be complicated when there are pre-existing medical problems.
The Patient Sustained Verifiable Damages
The last element is proving the patient sustained verifiable damages. Evidence could include medical records, bills, and expert testimony. After reviewing the case details, a Racine medical malpractice attorney could help determine if you have cause for a claim.
Actions Against Health Care Providers
A medical malpractice lawsuit may result from a doctor, nurse, anesthesiologist, or medical technician causing an injury through negligent acts or omissions. Under the Wisconsin Statutes § 655.009, the civil court judge and jury determine the total cost of medical care after hearing testimony and reviewing evidence.
The court may award compensation for medical expenses, including current and ongoing fees. The award for damages could also cover lost pay, lost benefits, future earning potential, and pain and suffering. A diligent lawyer in Racine could help collect evidence to prove the total cost of damages and losses following healthcare negligence.
Schedule a Meeting with a Knowledgeable Medical Malpractice Attorney in Racine
Nobody expects to suffer severe injuries at the hands of a doctor or other healthcare provider. The aftermath of these incidents can have devastating consequences. Winning a medical malpractice lawsuit requires extensive knowledge with expertise in the healthcare and legal fields. Additionally, you need to ensure you have representation with experience in skilled litigation and negotiation.
A compassionate Racine medical malpractice lawyer has over 30 years of experience with the Law Offices of R.F. Wittmeyer, Ltd. can help you navigate the civil court process and overcome the hurdles to prove negligence. Call today to schedule a consultation when you suffer injuries at the hands of a medical provider.