QUESTION

How long do you have to file a medical malpractice case in Wisconsin?

Asked on Jan 22nd, 2018 on Medical Malpractice - Wisconsin
More details to this question:
Back in 2014 my husband was taken to hospital for heart attack. Days later after quad bypass I noticed his fingers were turning black & blue, doctors told me not to worry. By the time he left to nursing home his fingers were gangrene. In the end he lost both legs & 3fingers. He finally came home in April 2015. Two hospitals, 2 nursing homes & 7 surgery later. Believe me when I tell you this is not the whole story. He still is not walking he is still in his wheelchair because of ongoing problems with stump
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
There is a 3 three year statute of limitations in Wisconsin for suing for medical malpractice from the date of the occurrence. There is a "discovery" exception, which requires the lawsuit to be filed within one year from discovering that there was malpractice if beyond the 3 year limitation, but in no case can it be more than 5 years from the initial treatment. Keep in mind any attempt to file a lawsuit beyond the three year ordinary statute of limitations will be met with a motion to dismiss by the defense attorneys for the doctor and their malpractice carrier. Even assuming there is a case, it could turn out that the case gets dismissed. I am sorry for what happened to your husband. If you feel strongly that something went wrong, you should obtain a complete copy of his medical file including those records from the nursing home and have them reviewed by a medical malpractice attorney. If the attorney thinks there is something there, they will hire an outside medical consultant to determine if you have a viable claim.
Answered on Jan 25th, 2018 at 6:56 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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