Medical Malpractice Legal Questions

Its possible that a case lies here BUT such cases are VERY difficult to establish and often do not have sufficient financial damages to warrant the expense and investment needed by most lawyers handling such cases. You will need expert testimony and affidavits and will need to hire a malpractice lawyer, and possibly bear the expense of securing experts on such a case, so be prepared for that. ... Read Answer

Medical Malpractice cases in Wisconsin are exceedingly difficult to puruse and win in Wisconsin. There are many reasons for that, but chief among the reasons are (1) caps on non economic damages and (2) 9/10 jury verdcits at trial are in favor of the doctor. I wrote a blog at our law firm's web site on the difficulties of pursuing a medical malpractice case in WI. The Milwaukee Journal-Sentinel did an excellent article on the subject a year or two ago. You can google it to read it. If you feel you have a case, you will need to gather up all of your medical records anve have them reviewed by a malpractice attorney. If they feel there is some substance to your case, they will hire an outside medical consultant to review all of your records to determine if you have a viable case. The statute of limitations is three years in Wisconsin to sue for malpractice. Failure to file the lawsuit within 3 years from the date of the occurrence will forever bar your claim.... Read Answer

Cutting the common bile duct is not good medical practice.  Lots of long term problems for patients. We have handled these types of cases before . The cases have  lots  of of possible problems.  If you want to persure this be sure your lawyer has handled this type of case before. Please be careful with limitations on time to sue. The sooner the better. Don't let your time to sue run. joe miklos www.ask4sam.net 516 832 7777... Read Answer

The fact that a doctor who specializes in ALS indicates that you don't have it, I would think, would be good news to you given the prognosis that is usually given to a patient who has ALS. There is obviously some medical issue that you have that is causing you to have the muscle twitching and feet cramping, among other ways whatever medical problem you have is showing as physical symptoms. I  would suggest seeing another physician and getting a second opinion of what may be going on with you, whether ALS or otherwise. Obviously, you need to get to the bottom of what is causing your problems and depending on the diagnosis, what can be done to help you. I don't view this as a medical malpractice case at all. ... Read Answer

There is no way an attorney can tell you whether your foot was unnecessarily amputated without reviewing your medical records with a surgeon who specializes in diabetes. As you are well aware, the fact that you are diabetic makes any injury or infection to your lower extremeties- even toenail fungus- potentially life-threatening.  That being said, whether or not the amputation of your entire foot was necessary can only be answered by reviewing your entire medical record.  Keep in mind that the statute of limitations for starting a medical malpractice action is two and one half years, and if the hospital is government entity, a notice of claim must be served within 90 days of the amputation.... Read Answer

I am sorry to hear this.  Hopefully he will be able to recover.  Are the current doctors stating that the infection was a result of the untreated wound?  If so the next question will be the related damages.  You need to see if he can recover before a determintation can be made if a claim is worth pursuing.  Give it some time but keep in mind a 2 year limit to file.  ... Read Answer

Medical malpractice cases in Wisconsin are next to impossible to pursue and win. The insurance company for the doctor will routinely deny the claim and force you to file a lawsuit. 9/10 lawsuits on malpractice cases are lost at a jury trial, with the juries siding for the docotor. I wrote a blog at our law firm's web site on the difficulty of pursuing a  medical malpractice casse in Wisconsin. The Milwaukee- Journal Sentinel a year or so, also wrote an excellent article on why medical malpractice cases are practically non-existent anymore in Wisconsin. You can google it to read the article. If you do feel you were wronged, you will need to get all of your medical records together and have them reviewed by a malpractice lawyer. The statute of limitiations to sue for medical malpractice in WI is three years from the date of the occurrence or the claim is forever barred. You indicated that this started 5 years ago, so the time line may bar your claim even if you had one. While there is a "discovery" exception, it is limited to generally one year after the discovery of malpractice, if outside of the 3 year limitation, but in no case can be more than 5 years. The easiest way to remember the rule is that  three years is the limitation and any attempt to file a lawsuit more than 3 years later will be met by the doctor's insurance company filing a motion to dismiss the lawsuit and seeking costs for filing beyond the 3 year statute of limitations. It would be best to talk to an experienced malpractice lawyer directly first, before you do anything, given the time line involved in your case.... Read Answer

Hello.  I'm terribly sorrry to hear about your wife's diagnosis. You have not given enough facts for me to know whether there could be a viable case, or not. Importantly, you didn't mention any time-frames, or enough specifics, about the first diagnosis date. In general, the only way to know whether you have a valid Florida medical malpractice case is to talk to us via free consultation, at which point we will determine whether it might make sense to review the medical records in your wife's case, to dig deeper into whether any of the medical providers made any mistakes, and when. There are extremely short time limits for filing medical malpractice lawsuits in Florida.  So you should not delay contacting a Florida medical malpractice lawyer ASAP.  You can read more about cancer misdiagnosis related medical malpractice here. Overall, misdiagnosis of cancer, or too late of a diagnosis of cancer, absolutely can lead to a successful medical malpractice case.  But there are a lot of criteria that must be met for us to be able to accept the case.  Usually we have to ask detailed questions, then follow up with expert (first nurse, then doctor) review of medical records to verify our conclusions, if we think there might be a viable medical malpractice case.  The details really matter, such as how far the cancer had progressed when your wife first went to the doctor, how much time between the first and second treatment, likelihood of survival and treatment when she first went to the doctor, etc. If you are thinking about having a consultation, I would encourage you to read more about me on my website.  I provide free telephone consultations to anyone who meets pre-screening criteria in my office.  A cancer misdiagnosis would generally qualify, as long as there were enough time between the misdiagnosis and correct diagnosis.  Then we take all accepted cases on contingency, which means we collect no money until we succeed on your behalf. Tina Willis Law - Orlando Personal Injury, Car & Truck Accident & Medical Malpractice Lawyer, 390 N. Orange Ave., Suite 2300G,Orlando, Florida 32801, (407) 803-2139, https://injuryattorneyflorida.com... Read Answer

You may have a case for failure to diagnose cancer.  The key question is whether an earlier diagnosis would have made a significant difference in the outcome.  Pancreatic cancer can be very difficult to treat at any stage. As I indicated, the most important factor is whether an earlier diagnosis with have made a significant difference.  Feel free to contact me at 860-447-3171 to discuss further.... Read Answer

You need to find out the BRAND of mesh used. However, due to the long period of time that has passed, it is unlikely that the hospital still has those records.  If you are able to find out the brand name of the mesh, then you can see whether that manufacturer is being pursued in any mass tort litigations.  Good luck.... Read Answer