I am very sorry to hear about your mother. It would be impossible to even remotely answer your question without more facts. How old was your mother? Why was is she in the hospital? how long was she in the hospital? what was the cause of her death? What was her diagnosis upon admission? What was her underlying medical condition and history at the time of admission. What tests do you claim weren't done that should have been done?
On top of that, medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog under personal injuries discussing this very topic at our law firm's web site. The Milwaukee Journal-Sentinel did an essay on it as well about a year ago that you google.
In order to pursue the case, you will need to obtain all of your mother's prior medical records relating to her condition that took her into the hospital and of course, the hospital records for her stay. That may be problematic at this point, as more likely than not, the doctor and hospital will not release her records to you, without proper legal authority. That may require you have yourself appointed as the executor of her estate or if no estate, at least petition for a special administration. In the capacity as special administrator, the hospital would have to release her records to you.
There also was a previous limitation under the wrongful death statute that would bar an adult child for pursuing a wrongful death claim of a parent caused by medical malpractice in Wisconsin. I am not sure that rule has been revoked.
The statute of liimitations to sue for medical malpractice in Wisconsin, and wrongful death under the recent law change is 3 years. Failure to file the lawsuit within three years from the date of the accident would forever bar the claim.
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