QUESTION

Do i have a case worth pursuing?

Asked on Aug 28th, 2018 on Medical Malpractice - Wisconsin
More details to this question:
I was taken to the fourth floor in january of last year. After only 5 days i was diagnosed with schizophrenia through court with the county and ended up getting put onto a chapter 51. Also i had one symptom that was mentioned in court which was that they said i was in a catatonic state since i refused verbal communication with the doctors at times. I was court ordered to take Invega in the form of a shot once a month in my buttocks for 6 months. I was unable to get through to my family or anyone involved that i did not need the medication and did not have this mental status they diagnosed me with. when i was reevaluated by a doctor when my case worker was trying to recommitt me, the reevaluating doctor immediately declared misdiagnosis, ended the medication, and told me to study up on my rights.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
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.
Answered on Sep 01st, 2018 at 8:03 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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