Wisconsin Medical Malpractice Legal Questions

Medical malpractice cases are exceedingly difficult to pursue and win in in Wisconsin. I wrote a blog on the problems last year at our law firm's web site under personal injury issues. The Milwaukee Journal-Sentinel did an essay on the topic as well about 1 to 2 years ago, that you can google and read. If you feel strongly that you were permanently harmed as a result of  the medical care you received, you will need to obtain your complete medical/hospital records pertaining to the incident and have them reviewed by a malpractice lawyer of your choice. If they feel there is some indication of malpractice, they will hire an outside medical consultant to review your records to determine if you have a viable claim. The statute of limitations for suing for medical malpractice in Wisconsin is THREE years. Failure to file a lawsuit within three years from the date of the occurrence, will forever bar your claim.... Read More

Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog explaining the difficulties at our law firm’s  Web site. The Milwaukee journal-sentinel wrote an excellent essay on the topic a year or so ago. While the mix up in the prescription is certainly alarming, without any long term or permanent damage to you, there would not be enough of a case damage wise for an attorney to pursue the case, in my opinion. If you do decide to pursue it, be aware of the three year statute of limitations in Wisconsin for suing for medical malpractice. Failure to file a lawsuit within three years from the date of the occurrence, would forever bar the claim.... Read More

The answerto your question is probably no. Medical malpractice cases are next to impossible to pursue and win in Wisconsin anymore. I wrote a detailed blog at our  law firm's web site under personal injury issues of the difficulty of pursuing such a case. The Milwaukee Journal-Sentinel about 2 years ago also did an article about the difficulty of suing for malpractice in Wisconsin. 9/10 jury verdicts are in favor of doctors and hospitals It can cost a malpractice attorney over $100,000 in costs and expert fees to pursue such a case. There are limits (caps) to non economic damages as well.  You if you feel strongly that you were harmed, you will need to collect and gather all of your medical records and have them reviewed by a malpractice attorney of your choice. If they think there is something there, they will hire an outside medical consultant to reivew the records to determine if you have a viable claim. The statute of limitations in WI for suing for medical malpractice is three years. Failure to file within 3 years from the occurrence, would forever bar the claim. If this is a claim against a governmental entity, you would also need to strictly comply with 893.80. This requires written notice of the claim served on the proper governmental entity and it's employees, if known, within 120 days of the occurrence, or likewise, the claim is barred. If formal disallowance of the claim is served, is shortens the SOL from three years to 6 months, or the claim is likewise barred.... Read More

I am very sorry to hear about your mother. It would be impossible to even remotely answer your question without more facts. How old was your mother? Why was is she in the hospital? how long was she in the hospital? what was the cause of her death? What was her diagnosis upon admission? What was her underlying medical condition and history at the time of admission. What tests do you claim weren't done that should have been done? On top of that, medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog under personal injuries discussing this very topic at our law firm's web site. The Milwaukee Journal-Sentinel did an essay on it as well about a year ago that you google. In order to pursue the case, you will need to obtain all of your mother's prior medical records relating to her condition that took her into the hospital and of course, the hospital records for her stay. That may be problematic at this point, as more likely than not, the doctor and hospital will not release her records to you, without proper legal authority. That may require you have yourself appointed as the executor of her estate or if no estate, at least petition for a special administration. In the capacity as special administrator, the hospital would have to release her records to you. There also was a previous limitation under the wrongful death statute that would bar an adult child for pursuing a wrongful death claim of a parent caused by medical malpractice in Wisconsin. I am not sure that rule has been revoked.  The statute of liimitations to sue for medical malpractice in Wisconsin, and wrongful death under the recent law change is 3 years. Failure to file the lawsuit within three years from the date of the accident would forever bar the claim.... Read More

I am sorry to hear what happened to your mother in law.  Medical malpractice cases in Wisconsin are exceedingly difficult to pursue and win. 9/10 cases are verdicts for the doctor or hospital at trial. There are caps on non-economic damages, so most personal injury lawyers shy away from taking medical malpractice cases anymore. I wrote a blog on the difficiulties of pursuing a medical malpractice case in WI at our web site. The Milwaukee journal sentinel did an excellent article on the subject a year or two back that you can google and read.  If you feel strongly that your mother in law was harmed,  she will need to obtain all of her medical and hospital records involving the treatment and her care, and provide those records to a malpractice attorney. The attorney will review them and if they think there is something there, we will hire an outside medical consultant to review the case to determine if your mother in law has a viable claim. The statute of limitations for medical malpractice in Wisconsin is three years to start a  lawsuit from the occurrence. Failure to file the lawsuit within three years would forever bar the claim.... Read More

Medical Malpractice cases in Wisconsin are exceedingly difficult to puruse and win in Wisconsin. There are many reasons for that, but chief among the reasons are (1) caps on non economic damages and (2) 9/10 jury verdcits at trial are in favor of the doctor. I wrote a blog at our law firm's web site on the difficulties of pursuing a medical malpractice case in WI. The Milwaukee Journal-Sentinel did an excellent article on the subject a year or two ago. You can google it to read it. If you feel you have a case, you will need to gather up all of your medical records anve have them reviewed by a malpractice attorney. If they feel there is some substance to your case, they will hire an outside medical consultant to review all of your records to determine if you have a viable case. The statute of limitations is three years in Wisconsin to sue for malpractice. Failure to file the lawsuit within 3 years from the date of the occurrence will forever bar your claim.... Read More

The fact that a doctor who specializes in ALS indicates that you don't have it, I would think, would be good news to you given the prognosis that is usually given to a patient who has ALS. There is obviously some medical issue that you have that is causing you to have the muscle twitching and feet cramping, among other ways whatever medical problem you have is showing as physical symptoms. I  would suggest seeing another physician and getting a second opinion of what may be going on with you, whether ALS or otherwise. Obviously, you need to get to the bottom of what is causing your problems and depending on the diagnosis, what can be done to help you. I don't view this as a medical malpractice case at all. ... Read More

Medical malpractice cases in Wisconsin are next to impossible to pursue and win. The insurance company for the doctor will routinely deny the claim and force you to file a lawsuit. 9/10 lawsuits on malpractice cases are lost at a jury trial, with the juries siding for the docotor. I wrote a blog at our law firm's web site on the difficulty of pursuing a  medical malpractice casse in Wisconsin. The Milwaukee- Journal Sentinel a year or so, also wrote an excellent article on why medical malpractice cases are practically non-existent anymore in Wisconsin. You can google it to read the article. If you do feel you were wronged, you will need to get all of your medical records together and have them reviewed by a malpractice lawyer. The statute of limitiations to sue for medical malpractice in WI is three years from the date of the occurrence or the claim is forever barred. You indicated that this started 5 years ago, so the time line may bar your claim even if you had one. While there is a "discovery" exception, it is limited to generally one year after the discovery of malpractice, if outside of the 3 year limitation, but in no case can be more than 5 years. The easiest way to remember the rule is that  three years is the limitation and any attempt to file a lawsuit more than 3 years later will be met by the doctor's insurance company filing a motion to dismiss the lawsuit and seeking costs for filing beyond the 3 year statute of limitations. It would be best to talk to an experienced malpractice lawyer directly first, before you do anything, given the time line involved in your case.... Read More

The answer to your question is yes, but just because you can, doesn't mean you should. Medical malpractice cases are very complex and the chances of success are not good. 9/10 of cases are lost at trial to defense verdicts for the doctor. First off, I would consult with a new eye doctor to see if there is anything that can be done to correct your vision. See what the new doctor says to you about the reason you have blurry vision from the cataract surgery. I don't know if blurred visiion is  possible complication from that type of surgery and if so, is it permanent, or does it go away obver time. You don't indicate when your surgery occurred. It is also confusing that your current doctor would "refuse" to see or treat you, if you do have a complication from the surgery. If you still feel strongly that you were harmed by your current eye doctor, request a copy of your entire medical file from their office and consult with a malpractice lawyer of your choice. They will review your records and if they think there is something there, consult with a private eye doctor to review your records to determine if you have a viable claim. The statute of limitations to sue for medical malpractic  in the state of Wisconsin is three years from the date of the original occurrence (surgery in your case). Failure to file a lawsuit within 3 years from the occurrence, will forever bar your claim.... Read More

Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. 9/10 of jury verdicts are in favor of physicians. If you feel strongly that you were harmed, you will need to obtain all your medical and hospital records relating to the specific treatment, and have them reviewed by a malpractice attorney. If they feel you have something there, they will hire an outside medical consultant to review your records to determine if you have a viable claim. The SOL in Wisconsin for suing for medical malpractice is 3 years from the date of the occurrence. Failure to file the lawsuit within 3 years, would forever bar your claim.... Read More

From the information you have given, I don't believe this is malpractice. If you are unhappy with your doctor or they are not willing to help you any further, whether it is with treatment, or filling out papers you need for your WC cliam, consider hiring a new doctor to take over the treatment of your case.... Read More

What is your age? Did you have a total hip replacement? Why did you need a hip replacement (i.e. injury, degenerative changes, congential defect?) Were the risks of the surgery explained to yoy by the doctor in advance? Have you had a consult with a different orthopedic surgeon to determine if there is anything that can be done to help you? It would help  if you obtained a complete copy of your medical and hospital records from your doctor. You can have them reviwed by a medical malpractice attorney. If the attorney feels there is something there, they will hire an outside medical consultant to review your records to determine if you have a viable claim. The statute of limitations in Wisconsin to sue for medical malpractice is three years. failure to file a lawsuit within 3 years, would forever bar your claim.... Read More

I am not sure from your question that this is medical (dental) malpractice. Your post is a bit unclear to me. The dentist quit doing the procedure on you or the dentist quit the practice? If the former, what reason was given to you as to why the dentist quit doing the procedure and specifically, what procedure was being performed and why was it necessary? If it is the latter issue, certainly wouldn't someone else within the practice be able to take over the treatment of your case? Further, unless you were permanently damaged in some way as a result of what the denitst did, you probably wouldn't have a viable claim anyhow. The statute of limitations in Wisconsin to sue for professional medical malpractice is three years. Failure to file a lawsuit within 3 years from the date of the occurrence, would forever bar your claim.... Read More

The answer to your question is yes, you can sue in this country for anything, but just because you can, doesn't mean you should. Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog at our law firm's  web site under personal injury issues that you shuld read You can also go to google and review and excellent article that the Milwaukee Journal Sentinel did back in either 2015 or 2016 on the same subject. If you feel strongly that there was malpractice and you were permanently damaged, you will need to compile all of the releveant medical and hospital records. Once you receive them, you would have them reviewed by a medical malpractice attorney. If the attorney thinks there is something there, they will hire an outside medical consultant to review the records to determine if you have a viable claim. The statute of limitations for suing for medical malpractice in Wisconsin is three years. Failure to file a lawsuit within 3 years from the date of the original occurrence, would forever bar your claim.... Read More

First off, how is your swollen eye? What did your eye become swollen from? Was the antibiotic prescribed topical or to be inserted into your eye? What type of adverse reaction did you have to the antibiotic? Have you ever had an allergic or adverse reaction to the antibiotic before? Whether you have a viable medical malpractice case or not to some extent in your case is going to be depenedent on the answers to the questions I have posed to you, as well as whether or not you make a complete recovery. To have a medical malpractice claim, you will have to have sustained some type of permanent and long term injury. Medical malpractice cases are exceeedingly difficult to prove and win in Wisconsin. I wrote a blog at our law firm's web site under personal injury issues to explain the difficulties. The statute of limitations is three (3) years to file a malpractice lawsuit from the date of the original occurrrence. Failure to do so, would forever bar your claim.... Read More

There is a 3 three year statute of limitations in Wisconsin for suing for medical malpractice from the date of the occurrence. There is a "discovery" exception, which requires the lawsuit to be filed within one year from discovering that there was malpractice if beyond the 3 year limitation, but in no case can it be more than 5 years from the initial treatment. Keep in mind any attempt to file a lawsuit beyond the three year ordinary statute of limitations will be met with a motion to dismiss by the defense attorneys for the doctor and their malpractice carrier. Even assuming there is a case, it could turn out that the case gets dismissed. I am sorry for what happened to your husband. If you feel strongly that something went wrong, you should obtain a complete copy of his medical file including those records from the nursing home and have them reviewed by a medical malpractice attorney. If the attorney thinks there is something there, they will hire an outside medical consultant to determine if you have a viable claim.... Read More

First off, I am very sorry to hear about your wife, and at such a young age. Medical Malpractice cases are very difficult to prove and win in Wisconsin. I wrote about the difficulties of pursuing such a case in a blog at our firm's web site under personal injury issues. Further, the Milwaukee Journal-Sentinel did an excellent essay on the subject either in 2015 or 2016. You can google it and read it yourself. The starting point in analyzing whether your wife has a case or not is to secure all of her records from the chiropractor as well as the records from her doctor/ hospital followiing the chiropractic treatment. Once you have those records together, you should have them reviewed by a malpractice attorney. They will hire an independent doctor to review the file to determine if your wife has a viable claim. Remember that the statute of limitations for pursuing a medical malpractice case in Wisconsin is three years from the date of the occurrence. Failure to file a lawsuit within 3 years, would forever bar the claim.... Read More

How old are you now? The statute of limitations in Wisconsin for suing for medical malpractice is 3 years from the date of the occurrence. While there is an exception under the “discovery rule,” it’s not that easy to get around. I would also want to know what your underlying medical condition was and symptoms, when you first went to the cardiologist to consider having the pacemaker put in. I’d also want to know who told you that it was unnecessary and whether that person was a qualified cardiologist. ... Read More

The descrption you have posted wouldn't necessarily be medical malpractice, unless you can show the failure to do the surgery has caused you to have a more serious and perhaps permaneant problem with the delay. The obvious answer is to simply look for another surgeon to do your surgery who may be affiliated with a different hospital. It is well advised anyhow, as we routinely recommend to our clients to get a second opinion befofre having spine surgery. ... Read More

You will need to obtain a complete copy of your dental records and have them reviewed by a personal injury (malpractice) lawyer. They will consult with an outside dentist or periodontist to determine if you have a viable claim.  The statute of limitations for medical malpractice (including dental) in the State of WI is three years. Failure to file a  lawsuit within three years from the date of the occurrence would forever bar your claim. If the treatment occurred approaching nearly three years ago, time is of the essence.... Read More

Medical Malpractice cases in Wisconsin are exceedingly difficult to pursue and win. They are practically non-existent anymore. I wrote a blog at our law firm's web site under personal injury issues last year, walking through the difficulties of pursing the case. The Milwaukee Journal-Sentinel also did an excellent story on the complexities last year, that you can google and read. In order to pursue the case, you would have to have significant permanennt injuries to make it worth a lawyer's time to pursue. If you feel strongly that you were harmed and may have to live with the consequences the rest of your life, secure all of your medical and hospital records relating to the incident. Once you have the records, sit down with an experienced personal injury lawyer who handles malpractice claims and let them review your file. If they believe there was malpractice, they will consult witih a medical specialist to determine if you have a viable claim. The statute of limitations to sue for medical malpractice in the state of Wisconsin is THREE years. Failure to file a lawsuit within three years from the date of your occurrence, will forever bar your claim.... Read More

Medical Malpractice cases in Wisconsin are exceedingly difficult to pursue and win. I wrote a blog on the difficulties at our law firm's web site last year under personal injury issues. The Milwaukee Journal-Sentinel did an excellent series on medical malpractice difficulties in Wisconsin as well, and you can google to read. I would say contacting your prior doctor and complaining is not the right step. Instead, if you feel that there was negligence on the part of the prior doctor, obtain copies of all of your medical and hospital records dealing with your case. Once you have those records, you should sit down with an experienced personal injury lawyer who has handled medical malpractice cases. They will review your records and if they feel there is some merit to the claim, will consult an outside medical expert to review your records to determine if you have a viable claim. The statute of limitations in Wisconsin for suing for medical malpractice is three years. Failure to file a lawsuit within three years from the date of the occurrence, would forever bar your claim.... Read More

Many personal injury lawyers handled nursing home negligence. You would need to request all of the records from the nursing home as a starting point to have reviewed by a personal injury lawyer to determine if you might have a case. The statute of limitations for personal injury in Wisconsin is three years. Failure to file a lawsuit within three years of the occurrence, would forever bar the claim.... Read More

Medical malpractice cases are nearly impossible to pursue and win in Wisconsin anymore. There are many reasons for it. I wrote a blog at our law firm's web site on this very topic. The Milwaukee Journal-Sentinel did  an article as well about a year or so ago that you can google and read. If you feel strongly that you were harmed, gather up all of your medical records and sit down with a medical malpractice lawyer to see if you have a case. If they think you have a viable claim, they will hire an outside medical consultant to review the records to determine if you have a case. The statute of limitations is THREE years in Wisconsin to sue for malpractice from the date of the occurrence. Faillure to file a lawsuit within three years, would forever bar the claim.... Read More