I had it put in at my 6 week check up after having my daughter. about a month after having it put in i was still bleeding heavily and in pain. so she did a dnc and she said after that the mirena had fallen out its not in me anymore. I kept asking to check because i still had pain and i never seen or felt it come out. she refused to said its not necessary. Now i have to have surgery next month to have it removed 6 years later. in the mean time i have also had issues with cervical cancer. What can i do?
The statute of limitations in Wisconsin for medical malpractice is three years to sue from the date of the occurrence. Failure to file a lawsuit within three years would forever bar your claim. there is an exception to this called the "discovery rule." You would have one year to file a lawsuit from the date you "discovered" a mistake was made, but there is an overall cap of 5 years from the date of the occurrence. From 2011 to 2017, I would say arguably you are well past any statute of limitations or discovery time lines. It is impossible to tell from your post if you even have a viable medical malpractice case. What I can tell you is that even if you were within the statutory time lines, medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. 9/10 cases are lost at trial to a defense verdict in favor of the doctors. Plain and simple; juries do not like to find fault against hosptials and doctors. I wrote a blog at our web site last year under personal injury topics that explains the great difficulty of pursuing medical malpractice cases in Wisconsin. The Milwaukee Journal-Sentinel also did an excellent article on the same topic in either 2015 or 2016 that you can google for your own information. I am sorry to hear you have cervical cancer and my prayers and thoughts are with you for your good health.
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