QUESTION
do i have a medical malpractice lawsuit
Asked on Feb 17th, 2016 on Medical Malpractice - Wisconsin
More details to this question:
I have been seen by the same general practice doctor for over three years at the first visit I informed him of surgeries and conditions thru my life degenerative disk disease being one and previous lower spine fusion after many complaints about shoulder pain neck pain and upper muscle tingling after three attempts at physical therapy er hospital visits it took myself and my wife who is a nurse to demand an MRI the findings led to a level three disk fusion of my cervical spine my thought is if he had bothered to listen maybe it would not have been so severe.
1 ANSWER
4 Awards
Medical malpractice cases are very difficult to pursue and win in Wisconsin. I wrote a blog about the difficulties at our firm's web site. The Milwaukee Journal-Sentinel did an essay report about the issue as well in 2015. Three years ago also raises a red flag; the statute of limitations in Wisconsin for medical malpractice cases is 3 years from the date of the occurrence. There is an exception under the so called "discovery rule," but any attempt by you to file a lawsuit beyond the three years, will be met by a rigorous defense by the attorneys for the physician and the insurance company who will bring a summary judgment motion to have your case dismissed. If you are within the 3 year time line and you feel strongly that you were damaged, compile all of your medical records together, and sit down with an experienced malpractice lawyer to see if there is a viable case.
Answered on Mar 11th, 2016 at 1:29 PM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com