medical issue

      We see many medical malpractice questions posted on  some of the "ask lawyer" web sites. The answer from the lawyer (including us) is usually the same. In Wisconsin, it is exceedingly difficult to pursue and win a medical malpractice case. I wrote a blog about this very issue at our firm's web site. The Milwaukee-Journal Sentinel did an article about it as well last year. Medical malpracitice cases in Wisconsin are practically non existent for a number of different reasons; (a) statutory caps on damages (b) the fact that the physician and their insurance company will never settle the case and it will have to go to trial (c) the high cost of expenses and experts in pursuing a medical malpractice case and (d) 9 out of 10 jury verdicts are for the physician.        It is unfortunate what happened to you. Mis-diagnosis cases are extremely complex and difficult to pursue. The problem is not so much that arguably a mis-diagnosis was made, but the larger issue, was whether you were damaged as a result. You indicated in your post that "you could have died." Fortunately, you did not die and the medical problem was resolved. Therefore, even though arguably an error or mistake may have been made, without sufficient damages as to the error, you will not find any medical malpractice lawyer who is probably going to be willing to pursue this case for you. That is unfortunate, and I can understand how you might be upset with that as being an answer to your legal question. The statute of limitations in Wisconsin is three years from the date of the occurrence. Failure to file a lawsuit within three years would forever bar your claim.