Medical Malpractice Legal Questions

I'm sorry about your father's injury and the stress involved to all concerned. The facts surrounding the fall can be discussed with a Personal Injury attorney to determine if the hospital staff was in any way negligent and the cause of your dad's fall. We cannot solicit you, so reach out for a consultation for your father and family.  ... Read Answer

In my oppinion, I do not see a med mal case.  From my understanding, what you have experienced are possible risks of the procedure. Unless you have a second medical doctor who will attest and put in writing that the surgeon did something outside the normal course of business that resulted in your injuries, a case is very unlikely.  That being said, I think you should still consult with a medical malpractice attorney with experience.... Read Answer

Dear Marla, I am sorry to hear what you are going through. You may have a viable case if the Dr. breached the standard of care resulting in permanent damage. Reach out for a private consultation to discuss all facts and circumstances and medical records review. I hope that you make a complete recovery.  ... Read Answer

Dear Emma, I'm sorry to hear about your mother. Contact a Personal Injury/Medical Malpractice attorney on behalf of your mother to discuss all facts and circumstances and have her medical records reviewed. In Florida, lawyers are prohibited from soliciting, so you will need to reach out to one of us.... Read Answer

Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog explaining the difficulties at our law firm’s  Web site. The Milwaukee journal-sentinel wrote an excellent essay on the topic a year or so ago. While the mix up in the prescription is certainly alarming, without any long term or permanent damage to you, there would not be enough of a case damage wise for an attorney to pursue the case, in my opinion. If you do decide to pursue it, be aware of the three year statute of limitations in Wisconsin for suing for medical malpractice. Failure to file a lawsuit within three years from the date of the occurrence, would forever bar the claim.... Read Answer

Teresa, You will need to ask the attorneys that turned down the case for their rationale. There may be many factors concerning what happened and your prognosis that influence the economics involved in the case and risk/reward. Keep trying and bear in mind that the statute of limitations may run as early as 2 years from the date of the surgery(ies).... Read Answer

Good afternoon - So sorry that you are going through this. Unfortunately, infenctions following surgery is generally considered an unavoidable complication. In order to prove malpractice of negligence, you would need proof that the medical team or staff carelessly exposed you to infection, used a dirty instrument or did something to expose you to the bacteria/virus. This is often impossible.  If you have some information or proof of such carelessness, then the next question would be the extent of damages. Wishing you a speedy recovery! Jack Giordano... Read Answer

The answerto your question is probably no. Medical malpractice cases are next to impossible to pursue and win in Wisconsin anymore. I wrote a detailed blog at our  law firm's web site under personal injury issues of the difficulty of pursuing such a case. The Milwaukee Journal-Sentinel about 2 years ago also did an article about the difficulty of suing for malpractice in Wisconsin. 9/10 jury verdicts are in favor of doctors and hospitals It can cost a malpractice attorney over $100,000 in costs and expert fees to pursue such a case. There are limits (caps) to non economic damages as well.  You if you feel strongly that you were harmed, you will need to collect and gather all of your medical records and have them reviewed by a malpractice attorney of your choice. If they think there is something there, they will hire an outside medical consultant to reivew the records to determine if you have a viable claim. The statute of limitations in WI for suing for medical malpractice is three years. Failure to file within 3 years from the occurrence, would forever bar the claim. If this is a claim against a governmental entity, you would also need to strictly comply with 893.80. This requires written notice of the claim served on the proper governmental entity and it's employees, if known, within 120 days of the occurrence, or likewise, the claim is barred. If formal disallowance of the claim is served, is shortens the SOL from three years to 6 months, or the claim is likewise barred.... Read Answer

Dear Macklyn, A complete answer to your simple question is a bit complicated and depends upon the facts of the particular case because there can be 3 scenarios. In general, it would be 2 years from the occurrence or not to exceed 4 years from the discovery of it, unless fraud has been demonstrated it may be extended to 7 years from the occurrence.... Read Answer

You likely have a good case either against the doctor and/or the manufacturer of the clip. I am guessing this was a Filshie clip, manufactured by Cooper Surgical, which has recently had a large number of claims against it for detached clips, which can cause many medical problems, in addition to rendering the tubal ligation ineffective, creating fear of pregnancy and necessitating another surgery.  If the surgeon improperly attaches the clips they can detach, and there is also a question of the product being defective, since the detachment has happened with some frequency. A review of your medical records is needed to determine whether you have a case. Keep in mind that the statute of limitations to start a lawsuit for medical malpractice is 2 1/2 years from the date you discovered the clip was detached and 3 years for a products liability claim against the clip manufacturer, which also runs from the date you discovered the detached clip. ... Read Answer