QUESTION
Is there a statute of limitations on malpractice claims in Wisconsin?
Asked on Jun 13th, 2013 on Medical Malpractice - Wisconsin
More details to this question:
During a workmen's compensation case in 2002 or possibly 2003, I was "dropped" by the insurance company involved and the orthopedic surgeon involved literally told me, "I don't care what you do" and walked out of a scheduled appointment. This was after he told me and the employer concerned that I needed arthroscopic surgery on my shoulder asap, which was injured in a workplace incident. I am now 60 years old and over the years the untreated injury has obviously worsened with time, and has now caused a "tear"? in my shoulder, arm and muscles in that area resulting in a debilitating and very painful condition which restricts all movement and use of my arm and hand, due to the horrible pain and limited function involved now. Obviously, as I grow even older, this untreated condition will get much worse and gravely affect any quality of life I have. At this time I have no medical insurance nor the funds necessary to see a "good" doctor and have this serious condition properly treated.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct.
In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.
If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated.
Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Click here for my website.
Answered on Jun 14th, 2013 at 9:39 PM