Medical malpractice cases are some of the most complex and challenging personal injury claims in Wisconsin.
To win your lawsuit, you must demonstrate that your healthcare provider’s actions fell below what a reasonably competent medical professional would have done in the same circumstances and that you were injured as a result.
Although this process can be complicated, a Milwaukee medical malpractice attorney has the resources, knowledge, and experience you need to build a successful case.
Establishing the Duty of Care and the Provider-Patient Relationship
A medical malpractice claim begins with proving that a formal doctor-patient relationship existed. This relationship creates a legal duty for your healthcare provider to deliver care that meets accepted medical standards.
You will need to show that you were under the provider’s care and that they had a responsibility to treat you competently.
Medical records, appointment schedules, billing statements, and treatment notes all serve as evidence of this relationship. Even a single consultation can establish this duty, but the scope of responsibility depends on the type of care that you received from the provider in question.
Your attorney will gather these records and establish the timeline of your treatment to demonstrate that the provider owed you a duty of care.
Demonstrating the Provider’s Breach of the Medical Standard of Care
Once you have established the doctor-patient relationship, you must prove that your healthcare provider breached the standard of care. All medical professionals must act with the same level of skill, care, and diligence that other reasonably competent providers in the same field would exercise under similar circumstances.
Medicine inherently involves risks and uncertainties. You must show that your provider’s actions or decisions were unreasonable given the information available at the time. Expert testimony becomes essential here; qualified medical professionals can review your case and explain how the defendant’s care fell short of accepted practices.
Your attorney will work with medical experts who specialize in the same field as the defendant. These experts will analyze your medical records, review relevant literature, and provide opinions about whether the care you received met professional standards.
They can also help identify failures such as misdiagnosis, surgical errors, medication mistakes, or inadequate monitoring.
Proving Causation Between the Negligence and the Harm Suffered
Finally, you must prove that the provider’s negligence caused your injuries or worsened your condition. This is perhaps the most challenging element to prove.
Wisconsin requires proof of causation to a reasonable degree of medical certainty; this means showing that it is more likely than not that the negligence caused your injuries.
You will also need expert testimony to establish this connection. Your medical experts will analyze your medical history, the progression of your condition, and the likely outcomes with proper care versus what actually occurred.
Trust a Wisconsin Medical Malpractice Lawyer to Build Your Claim
Proving medical malpractice requires thorough investigation, expert testimony, and skilled legal advocacy. A Wisconsin medical malpractice attorney has a network of medical experts who can review your case, access to resources for a comprehensive investigation, and the courtroom experience needed to hold healthcare providers accountable.
These cases often involve powerful medical institutions and their insurers who will aggressively defend against claims—you need someone on your side fighting for you.
If you believe you or a loved one has been harmed by medical negligence, contact a Wisconsin medical malpractice lawyer at Cannon & Dunphy S.C. to start building your case.