QUESTION

is failure to treat a diagnosis malpractice?

Asked on Mar 23rd, 2016 on Medical Malpractice - Wisconsin
More details to this question:
I'm a vet and I found out last week that a VA doctor knew that I have hep "c" and she did not tell me or my family .I only found out when /because I changed doctors and the new Dr. asked me (thinking that I knew about the condition ) how my treatment for hep "c' was going and where I was getting treated ? Once she saw the look on me and my wife's face she knew that we hadn't been informed. Then on yesterday the Wauwatosa health Dept. contacted me to let me know that I have this disease. Is this medical malpractice ?
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
Medical  malpractice cases in Wisconsin are exceedingly difficult to pursue and win. I wrote a blog at our firm's web site on the difficulties last year. The Milwaukee- Journal Sentinel wrote an excellent article about the problems as well sometime in 2015. Misdiagnosis cases are among the toughest, because the failure to diagnose properly in and of itself doesn't mean you have a case, unless you can show you were damaged as result of the failure to properly diagnose; most individuals cannot show they were damaged or otherwise harmed. I don't know if you can or cannot. If you feel strongly that you were wronged, gather up all of your medical records and have them reviewed by an attorney who practices in the medical malpractice area. The statute of limitations in Wisconsin is three years, counting from the date of the  occurrence. If you fail to file a lawsuit within three years, your case would be forever barred.
Answered on Mar 24th, 2016 at 6:15 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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