Medical Malpractice Legal Questions

It is impossible to tell if you have a medical malpractice case on behalf of your baby based on the above, but the fact that your specialist said you should have been seeing him during your pregnancy is a big red flag that you might. The only way to tell is to have your pre-natal medical records and your baby's medical records thoroughly reviewed by an experienced medical malpractice attorney. A malpractice case requires not only that a doctor/doctors made mistakes that violated the standard of care, but also proof to a reasonable degree of medical certainty that your baby would not have had the medical problems she now has if the doctors had sent you to a specialist.  Also very important to keep in mind is the statute of limitations to start a medical malpractice action, which is 2 1/2 years from the time the mistake was made. It is unclear in this situation whether that means the first time your doctor observed the spot on the baby's bladder or later, but to be on the safe side it should be calculated from the time the spot was first observed by your doctors. That can be determined by reviewing the medical records.... Read Answer

The spleen injury could be a risk of procedure but not timely testing or treating may be negligent and all depends upon result.  As lawyers all we can do is review and give opinions on negligence along with an expert md opinion or RN opinion.   What do you do?  Consult doctors and research and be an advocate and if not pleased find other doctors.  If you find permanent injury and suspect negligent treatment obtain the records and consult a lawyer ... Read Answer

The statute of limitations for a medical malpractice action is 2 1/2 years from the time of the mistake, so if you have a case, you have to move fast- you only have 5 months left to start a lawsuit. Much more information is needed: your original medical condition, whether the surgeon made a mistake and if so what, exactly, to what extent your activities/ life has been impacted by this problem, etc., but this does appear to be a good case. ... Read Answer

If this happened less than 2 1/2 years ago, you may have a case depending on what happened, exactly. Your medical records need to be reviewed and you must prove that you lost the vision in your eye because of something the doctors did or failed to do, and that had they proceeded differently, your sight could have been saved. This could be a good case. Spontaneous blindness can happen because the doctors ignored symptoms that were unconnected to your heart problem. For example, scalp pain, jaw pain, difficulty eating, double vision are all signs of giant cell arteritis which if ignored, can lead to blindness. If diagnosed timely, however, cortisone treatment can save the vision. You must have your surgical and medical records reviewed. A doctor other than your surgeon may be the one who failed to diagnose your problem if you consulted with another doctors prior to your surgery for complaints unrelated to your heart surgery.  Only a medical records review can give you the answer.... Read Answer

First off, I am sorry to hear about what happened to your husband. Secondly, you need to be aware of the statute of limitations; this incident happened in November 2014. The statute of limitations in WI for suing for medical malpractice is 3 years from the date of the occurrence. You are quickly closing in on that 3 year time line. Failure to file the lawsuit within the three years will forever bar the claim. The first thing you need to do is gather up all of his medical and hospital records as soon as possible. The rules of lawyers.com do not allow us to make a referral for you or recommend our own services. Check the lawyer guide here. Other good sources are the best lawyers in America or Super Lawyers which ranks the best lawyers nationwide by specialty. Once you have the records together, the lawyer you select will review them and also have them reviewed by an outside medical consultant to determine if you have a viable case. Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin, so it is not going to be easy for you to locate an attorney who may be willing to pursue the case for you.... Read Answer

I am sorry what happened to your wife. Medical malpractice cases are very difficult to pursue and win in Wisconsin; cases have become practically non-existent. I wrote a blog at our law firm's web site last year covering this issue under personal injury topics and the Milwaukee Journal-Sentinel did an excellent article on the topic which you can google and read. If you feel strongly your wife was harmed, you will need to obtain all of her medical and hospital records and have them reviewed by a malpractice lawyer; the lawyer will hire an outside medical consultant to determine if there is a viable claim. The statute of limitations is 3 years to sue for medical malpractice in WI. Failure to file a lawsuit within 3 years would forever bar the claim.... Read Answer

I have written numerous blogs at our web site and responded to dozens of these type of messages concerning medical malpractice cases in the state of Wisconsin. It is next to impossible to win a medical malpractice case. 9/10 jury verdicts result in a verdict in favor of the doctor or hospital you are suing. The Milwaukee Journal-Sentinel did an excellent article on the difficulties of proceeding with medical malpractice in Wisconsin a year or so that you can google. If you feel strongly that you were harmed, you should consider getting all your medical records together and have them reviewed by a medical malpractice lawyer. If they feel there may be some substance to the case, they will refer the case to an outside medical consultant to determine if you have a viable case. The statute of limitations in Wisconsin for suing for medical malpractice is three years from the date of the occurrence. Failure to file the lawsuit within 3 years from the date of the occurrrence would forever bar your claim. You mentioned "3 years" in your post, so you very well may already be beyond the time line to legally pursue the case.... Read Answer

There is no issue with listening to YOU as a patient. However, if the infectious disiease specialist says that the treating doctor did something wrong  - that needs to be in writing and then identify the specific effect of the doctors actions. You have a VERY short statute of limiations in any med mal case so this needs to be addressed IMMEDIATELY with the specialist. Once you have such a written statement you bring that and your entire medical records to a lawyer for a med mal review. ... Read Answer

Optiate addiction and kickbacks are to TOTALLY different issues. If this was of recent vintange you would have a HUGE credibility issue claiming you were oblivious to the potential addiction to opiates as its plastered everywhere starting with the pharmacy documents. If you are claiming the doctor malpracticed by prescribing opiate pain pills you will need to have another physicians opinion to support that in writing, including determination that you are now an opioid addict, and then have same reviewed by a lawyer. ... Read Answer

Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog pointing out the difficulties in a blog last year at our web site under personal injury issues. The Milwaukee Journal Sentinel did an excellent article about the difficulties as well either in 2015 or 2016 that you can google and read. There are many reasons as to why lawyers are not pursuing medical malpractice cases in Wisconsin anymore, but the two main reasons are the (a) caps on damages and (b) the likelihood that going to trial will result in a jury verdict in favor of the physician. 9/10 cases are lost at trial to the juries finding no negligence against the physician or hospital. If you feel strongly that you were harmed, gather up all of your medical records and have them reviewed by a malpractice lawyer. If they they think there is some substance to your case, they will hire an outside medical consultant to determine if you have a viable case. The statute of limitations is 3 years in Wisconsin; failure to file a lawsuit from the date of the occurrence within the three years would forever bar your malpractice claim.... Read Answer