Wisconsin Medical Malpractice Attorneys

Eisenberg Law Offices 

Health is wealth, as a famous saying goes. This greatly treasured wealth ensures your overall contentment with life and happiness. When illness strikes, you turn for help to healthcare providers, trusting them to take care of you.  However, things don’t always go smoothly, and sometimes, they go terribly wrong. At those times, medical malpractice cannot be ruled out. Our medical malpractice lawyers at Eisenberg Law Offices, located in Madison, Wisconsin, understand the anger and frustration you may feel if the negligence of medical professionals has caused you unanticipated harm. The good news is that not all is lost yet - you might be able to claim compensation for your injuries and losses.

What is Medical Malpractice?

Medical malpractice is negligence on the part of a professional healthcare provider whose performance falls short of the standard of practice of those with similar training and experience, resulting in harm to a patient. Examples of medical malpractice are:

• failure to diagnose a medical condition or disease;

• failure to provide correct treatment;

• unreasonable delay in treating a diagnosed medical condition.

• Failure to inform a patient of all potential medical treatments.

Medical malpractice liability is not limited to doctors only – it extends also to nurses, anesthesiologists, alternative medicine practitioners, psychiatrists, healthcare facilities, hospitals, pharmaceutical companies and any other entities or persons providing healthcare services. The responsible parties are not above the law.  However, the medical malpractice law is a highly technical field and lawsuits are often defended by well-funded and experienced defense firms. Even though these laws are designed to protect the rights of patients, the suits can be complex and exceptionally costly. Eisenberg Law Offices medical malpractice attorneys advise you to seek professional legal help for a thorough evaluation of your case. This step may save you from spending too much money on a lawsuit for an injury that is minor or heals quickly.  Bad results does not necessarily mean malpractice has been committed.

Proving and Handling Your Case

Establishing and proving a case of medical malpractice require the following:

1.   Existence of duty. Proving that the healthcare provider owed the patient a duty (e.g., patient/doctor relationship).
2.   Deviation from standard of care. Establishing the applicable standard of care for the patient’s case and proving that the healthcare provider deviated from this standard. Here the testimony of another medical expert is required.
3.   Causal relationship. Proving a causal relationship between the healthcare provider’s failure to meet the standard of care and the patient’s injury.
4.   Injury. Proving that the patient has suffered injury.

In many situations, medical negligence can occur if a healthcare provider fails to obtain a patient’s “informed consent” prior to a test or a treatment. Informed consent from a health care provider ensures that the patient is aware of all the risks and costs involved in treatment.

Proving your medical malpractice case can be difficult, as it requires specific medical knowledge in combination with legal expertise. Eisenberg Law Offices, located in Madison, Wisconsin, can guarantee you the help of experienced medical malpractice attorneys for evaluating your case and working with experts to prove causation and ensure the award of damages.

In medical malpractice cases, two kinds of damages are awarded:

1.   Compensatory damages are awarded to the patient for compensating some sort of tangible loss, which may include medical bills, lost wages, or future income.   This category also includes such non-monetary losses as pain and suffering.
2.   Punitive damages are levied in order to punish the healthcare provider responsible for the injury. These are not meant to award the patient but rather to prevent the healthcare provider from committing similar harm in the future. 

If you or someone you know has been injured due to the negligence of healthcare providers, do not delay discussing your case with a skilled lawyer. Call Eisenberg Law Offices for a free consultation with our experienced medical malpractice attorneys. We will evaluate your case and assist you in recovering compensatory damages and/or punitive damages against the responsible healthcare provider. Consultations are free, so contact us before it’s too late!