QUESTION

When receiving a cortisone shot in my lower back, the doctors punctured my sciatic nerve. Would I have a valid medial malpractice suit?

Asked on Jun 09th, 2017 on Medical Malpractice - Wisconsin
More details to this question:
I have daily buttocks and leg pain. I have to bring ice packs with me everywhere I go. Sitting on the ice packs helps to lessen the pain. I am also on nerve and pain medication daily. My doctor and I have tried everything from acupuncture to nerve blocks at the pain management clinic in Madison, WI. to help the pain. He says all we can do now is to hope that the nerve heals someday.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog pointing out the difficulties in a blog last year at our web site under personal injury issues. The Milwaukee Journal Sentinel did an excellent article about the difficulties as well either in 2015 or 2016 that you can google and read. There are many reasons as to why lawyers are not pursuing medical malpractice cases in Wisconsin anymore, but the two main reasons are the (a) caps on damages and (b) the likelihood that going to trial will result in a jury verdict in favor of the physician. 9/10 cases are lost at trial to the juries finding no negligence against the physician or hospital. If you feel strongly that you were harmed, gather up all of your medical records and have them reviewed by a malpractice lawyer. If they they think there is some substance to your case, they will hire an outside medical consultant to determine if you have a viable case. The statute of limitations is 3 years in Wisconsin; failure to file a lawsuit from the date of the occurrence within the three years would forever bar your malpractice claim.
Answered on Jun 23rd, 2017 at 7:41 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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