Medical malpractice is a generic term for conduct by a doctor, nurse or hospital which is

below the standard of care. If a physician fails to treat a patient in accord with the

standard of care as defined by law, that is professional negligence or medical malpractice.

In order to recover damages, however, it is not sufficient for the injured patient to simply

prove that there was a deviation from the standard of care or negligence. In order to

establish a valid claim for medical malpractice, the patient, who has the burden of proof,

must also prove that the medical malpractice was a substantial factor in causing injury to

the patient. Most patients are suffering from some condition at the time that they come

under the care of the physician and it is only injuries that are caused by professional

negligence and not the natural sequela of the patient’s original medical condition that is

compensable. The injured patient must also prove the nature and extent of the harm that

was done to the patient as a result of the negligent care. In addition to the physical injury,

and resulting medical expense, proof of damages also involves expert testimony

regarding the need for future medical care and treatment and/or, the manner in which the

injury in question affects the injured patient’s ability to earn a living in the past and in the


Medical negligence cases are complicated. An experienced lawyer is needed to

determine whether or not medical negligence can be proved. Medical negligence cases

are also expensive to prosecute.

If a patient has a bad result following treatment this does not mean that the harm was

caused by malpractice. Sometimes some patients have bad results following the best of

care. An experienced attorney can help determine if a bad result is due to negligence

rather than unfortunate circumstances

Most medical malpractice cases that are tried in the State of Wisconsin result in verdicts

in favor of the physician. (See attached link for statistics.) It is only those cases that are

properly prepared and presented with the use of skillful and persuasive experts that result

in jury verdicts in favor of the injured patient.

– Contact us about your medical malpractice case

– Free initial consultation for injury claims

– Contact us to make an appointment

– 800/381-0963 or

Egan & Richgels, S.C.
201 Main Street, Suite 1010
La Crosse, WI 54601
Toll Free 800-381-0963
Local 608-784-0087
Fax: 608-881-6688
Email | La Crosse Law Office

Gregory J. Egan is Certified as a civil trial advocate by the National Board of Trial Advocacy.