QUESTION

is there any way around a medial/dental malpractice statute of limitations?

Asked on Apr 06th, 2016 on Medical Malpractice - Wisconsin
More details to this question:
I had all my top teeth removed to fit a denture. During the procedure, they cut the piece of skin that connects my lip to mu gum and my lip is basically dead. I have no smile. It was probably 8 years ago, but I recently figured out why I can't smile, I assumed it was because of the appliance, but it's not.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
       In Wisconsin, there is a  three (3) year limitation to filing an action for medical malpractice. This would include dental care as well. Failure to file  a lawsuit within three years forever bars your claim. There is an exception to the three year rule under the "discovery rule." I wrote a blog about the discovery rule at our firm's web site under the personal injury category. However, even with that exception, the statutory limitation is no later than 5 years after the occurrence, even if the discovery rule could be argued. Since you are 8 years out, your case unfortunately at this point is completely barred under the law, even assuming you have a viable claim for professional dental malpractice.
Answered on Apr 06th, 2016 at 3:27 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

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