Wisconsin Medical Malpractice Legal Questions

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105 legal questions have been posted about medical malpractice by real users in Wisconsin. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include dental malpractice, birth injuries, and failure to diagnose. All topics and other states can be accessed in the dropdowns below.
Wisconsin Medical Malpractice Questions & Legal Answers - Page 2
Do you have any Wisconsin Medical Malpractice questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 105 previously answered Wisconsin Medical Malpractice questions.

Recent Legal Answers

Medical malpractice cases are nearly impossible to win in Wisconsin. I wrote a blog at our law firm's web site on the difficulties of pursuing such a case. The Milwaukee Journal Sentinel did an excellent article pointing out the difficulties in an article last year or in 2015. You can google to read it. If you feel strongly that you were harmed, gather up all of your current and prior medical records and have them reviewed by a malpractice lawyer. They will review the file and if they deteremine there is some viability to your claim, will hire an outside medical doctor to review the records to determine if there was malpractice. Keep in mind that 9/10 cases that are pursued, wind up with a defense verdict for the hospital or doctor. The statute of limitations for suing on medical malpractice in Wisconsin is three years from the date of the occurrence. Failure to file the lawsuit within three years, would forever bar your claim.... Read More
Medical malpractice cases are nearly impossible to win in Wisconsin. I wrote a blog at our law firm's web site on the difficulties of pursuing such a... Read More
Medical malpractice cases in Wisconsin are nearly impossible to pursue and win. I wrote a blog on the difficulties of pursuing a medical malpractice case last year at our web site (law firm) under personal injury issues. The Miilwaukee- Journal Sentinel also wrote an excellent article on how medical malpractice cases are basically extinct in Wisconsin. The statute of limitations is three years to start a lawsuit from the date of the occurrence or your claim would be forever barred. I am sorry what happened to you, but unless you sustained some type of permanent and viable damage as a result of the treatment, I wouldn't see this as an actionable case. ... Read More
Medical malpractice cases in Wisconsin are nearly impossible to pursue and win. I wrote a blog on the difficulties of pursuing a medical malpractice... Read More

let me out of hospital

Answered 8 years and 6 months ago by attorney David B. Karp   |   1 Answer   |  Legal Topics: Medical Malpractice
Being inconvenienced or being treated rudely, doesn't rise to the level of an actionable legal case. I am sorry for how you were treated, but I don't see this as a viable medical malpractice claim. If you are unhappy about what occurred, you should consider writing a letter to the medical provider so they know what happened.... Read More
Being inconvenienced or being treated rudely, doesn't rise to the level of an actionable legal case. I am sorry for how you were treated, but I don't... Read More

Laws on medical records

Answered 8 years and 7 months ago by attorney David B. Karp   |   1 Answer   |  Legal Topics: Medical Malpractice
I would think that a release of your children's medical records to your spouse or in custody litigation, to a court appointed guardian ad litem, would include only their records, and not contain your personal medical records. For the release of your medical records, a proper release signed by you would be required.... Read More
I would think that a release of your children's medical records to your spouse or in custody litigation, to a court appointed guardian ad litem,... Read More
First off, I am sorry to hear about what happened to your husband. Secondly, you need to be aware of the statute of limitations; this incident happened in November 2014. The statute of limitations in WI for suing for medical malpractice is 3 years from the date of the occurrence. You are quickly closing in on that 3 year time line. Failure to file the lawsuit within the three years will forever bar the claim. The first thing you need to do is gather up all of his medical and hospital records as soon as possible. The rules of lawyers.com do not allow us to make a referral for you or recommend our own services. Check the lawyer guide here. Other good sources are the best lawyers in America or Super Lawyers which ranks the best lawyers nationwide by specialty. Once you have the records together, the lawyer you select will review them and also have them reviewed by an outside medical consultant to determine if you have a viable case. Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin, so it is not going to be easy for you to locate an attorney who may be willing to pursue the case for you.... Read More
First off, I am sorry to hear about what happened to your husband. Secondly, you need to be aware of the statute of limitations; this incident... Read More

Wondering if we have a case for medical malpractice?

Answered 8 years and 8 months ago by attorney David B. Karp   |   1 Answer   |  Legal Topics: Medical Malpractice
I am sorry what happened to your wife. Medical malpractice cases are very difficult to pursue and win in Wisconsin; cases have become practically non-existent. I wrote a blog at our law firm's web site last year covering this issue under personal injury topics and the Milwaukee Journal-Sentinel did an excellent article on the topic which you can google and read. If you feel strongly your wife was harmed, you will need to obtain all of her medical and hospital records and have them reviewed by a malpractice lawyer; the lawyer will hire an outside medical consultant to determine if there is a viable claim. The statute of limitations is 3 years to sue for medical malpractice in WI. Failure to file a lawsuit within 3 years would forever bar the claim.... Read More
I am sorry what happened to your wife. Medical malpractice cases are very difficult to pursue and win in Wisconsin; cases have become practically... Read More

Why does no one to handle my medical case

Answered 8 years and 8 months ago by attorney David B. Karp   |   1 Answer   |  Legal Topics: Medical Malpractice
I have written numerous blogs at our web site and responded to dozens of these type of messages concerning medical malpractice cases in the state of Wisconsin. It is next to impossible to win a medical malpractice case. 9/10 jury verdicts result in a verdict in favor of the doctor or hospital you are suing. The Milwaukee Journal-Sentinel did an excellent article on the difficulties of proceeding with medical malpractice in Wisconsin a year or so that you can google. If you feel strongly that you were harmed, you should consider getting all your medical records together and have them reviewed by a medical malpractice lawyer. If they feel there may be some substance to the case, they will refer the case to an outside medical consultant to determine if you have a viable case. The statute of limitations in Wisconsin for suing for medical malpractice is three years from the date of the occurrence. Failure to file the lawsuit within 3 years from the date of the occurrrence would forever bar your claim. You mentioned "3 years" in your post, so you very well may already be beyond the time line to legally pursue the case.... Read More
I have written numerous blogs at our web site and responded to dozens of these type of messages concerning medical malpractice cases in the state of... Read More
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.... Read More
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... Read More
Medical malpractice cases are nearly non existent in the state of Wisconsin. I wrote a blog about this very topic last year at our web site under personal injury issues. The Milwaukee Journal-Sentinel did an excellent article about the difficulties as well in 2015 or 2016. You can google it to read it. There are many reasons why medical malpractice cases are difficult to pursue and win, but the basic one is that 9/10 juries come back in favor of physicians and hospitals. Juries simply do not like to find fault against doctors. I am sorry what happened to your father. If you feel strongly he was wronged, gather up all of his medical records to have them reviewed by a malpractice lawyer. If they think there is a case, they will hire an outside medical consultant to review the file to determine if there is a viable claim. The statute of limitations for suing for medical malpractice in Wisconsin is three years from the date of the occurrence. Failure to file a lawsuit within three years, would forever bar the claim.... Read More
Medical malpractice cases are nearly non existent in the state of Wisconsin. I wrote a blog about this very topic last year at our web site under... Read More

Is radition damage from treatment medical malpractice ?

Answered 8 years and 9 months ago by attorney David B. Karp   |   1 Answer   |  Legal Topics: Medical Malpractice
I am sorry what happened to your wife. Medical malpractice cases are very difficult, if not impossible to pursue and win in Wisconsin anymore. There are numerous reasons for why they are so difficult to pursue. I wrote a blog at our law firm's web site under personal injury issues that you can read. As well, the Milwaukee Journal - Sentinel a year or so ago, wrote an excellent article about why pursuing a medical malpractice case is  difficult. If you feel strongly that your wife was harmed, you will need to obtain all of her hospital and medical records and have them reviewed by a malpractice lawyer. If the malpractice lawyer feels you have a case, they will hire an outside medical consultant to review the records to determine if your wife has a viable case. Keep in mind the statute of limitations.  In Wisconsin, you have to file a lawsuit within three years from the date of the occurrence or the claim will be forever barred. ... Read More
I am sorry what happened to your wife. Medical malpractice cases are very difficult, if not impossible to pursue and win in Wisconsin anymore. There... Read More
Medical Malpractice cases are nearly impossible to pursue and win in Wisconsin. There is a multitude of reasons for it. I wrote a blog about it at our law firm's web site last year under personal injury issues. The Milwaukee Journal-Sentinel in 2015 also wrote an excellent essay about spelling out the death of medical malpractice cases in Wisconsin. If you feel strongly that you  there was negligence and you you were harmed as a result, obtain copies of all of your pertinent medical and hospital records and have them reviewed by a malpractice lawyer. If the lawyer thinks you have  viable case, they will hire an outside medical expert to review the records to determine if you have a case. The statute of limitations in Wisconsin for suing for medical malpractice is three years from the date of the occurrence. Failure to file the lawsuit within 3 three from the date of the occurrence will forever bar the claim.... Read More
Medical Malpractice cases are nearly impossible to pursue and win in Wisconsin. There is a multitude of reasons for it. I wrote a blog about it at... Read More
You will need to gather up a complete copy of all your medical/hospital records to determine if you have a case. You need to have them promptly reviewed by a medical malpractice attorney. If they think there is something there, they will hire an outside medical expert in the field of specialty of your claim to review the records to determine if you have  viable claim. Time is of the essence as there is a THREE (3) year statute of limitations in Wisconsin for suing for medical malpracatice from the date of the occurrrence. You indicate the surgery was in June 2014, and while you do not offer a specific date, the statute of limitations runs in June 2017, from the date of the original surgery. Failure to file a lawsuit by that date, will forever bar your claim. Medical malpractice cases remain difficult to pursue in Wisconsin. I wrote a blog at our web site under personal injury issues that explains the difficulties. The Milwaukee Journal-Sentinel did an excellent article about how tough it is as well in either 2015 or 2016 that you can google and read. The long and short of it is that 9/10 cases are lost at trial to a defense verdict in favor of the doctor or hospital. Juries don't like to find doctors negligent. They are very difficult cases to pursue.... Read More
You will need to gather up a complete copy of all your medical/hospital records to determine if you have a case. You need to have them promptly... Read More
The statute of limitations in Wisconsin for medical malpractice is three years to sue from the date of the occurrence. Failure to file a lawsuit within three years would forever bar your claim. there is an exception to this called the "discovery rule." You would have one year to file a lawsuit from the date you "discovered" a mistake was made, but there is an overall cap of 5 years from the date of the occurrence. From 2011 to 2017, I would say arguably you are well past any statute of limitations or discovery time lines. It is impossible to tell from your post if you even have a viable medical malpractice case. What I can tell you is that even if you were within the statutory time lines, medical  malpractice cases are exceedingly difficult to pursue and win in Wisconsin. 9/10 cases are lost at trial to a defense verdict in favor of the doctors. Plain and simple; juries do not like to find fault against hosptials and doctors. I wrote a blog at our web site last year under personal injury topics that explains the great difficulty of pursuing medical malpractice cases in Wisconsin. The Milwaukee Journal-Sentinel also did an excellent article on the same topic in either 2015 or 2016 that you can google for your own information. I am sorry to hear you have cervical cancer and my prayers and thoughts are with you for your good health.... Read More
The statute of limitations in Wisconsin for medical malpractice is three years to sue from the date of the occurrence. Failure to file a lawsuit... Read More

Looking for an attorney

Answered 8 years and 11 months ago by attorney David B. Karp   |   1 Answer   |  Legal Topics: Medical Malpractice
The rules of these professional web sites where lawyers ask questions, do not allow us to either offer our own services directly or recommend lawyers to you to handle your case. There are several guides however that you can utilize to help you find a medical malpractice lawyer, starting right here at Lawyers.com. Look under medical malpractice attorneys or personal injury attorneys in your area. You can also check, Super Lawyers, Best Lawyers in America, and Martindale-Hubbell as other guides for locating an attorney to help you. I cannot remotely tell from your post whether or not you have a viable medical malpractice case or not. What I can tell you is that 9/10 medical malpractice cases in Wiscosnin are lost at trial to doctors. Those are not very good odds to be pursuing your case. I wrote a blog at our web site on the difficulty of suing doctors in Wisconsin under personal injury issues last year that you can read. The Milwaukee Journal-Sentinel did an excellent article on how difficult it is to sue for malpractice in this state either last year or in 2015. You can google the article. Keep in mind the staute 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 would forever bar your claim. Good luck!... Read More
The rules of these professional web sites where lawyers ask questions, do not allow us to either offer our own services directly or recommend lawyers... Read More

Do I need an attorney when I filled a medical neglagence claim

Answered 8 years and 11 months ago by attorney David B. Karp   |   1 Answer   |  Legal Topics: Medical Malpractice
The answer to your question is absolutely yes. You cannot properly pursue a medical malpractice case without an experienced lawyer helping you. You will also need an expert in the specific area of medicine to show negligence against your doctor. Without both, aligned up before you pursue your case, you are heading for disaster. You should also be aware that malpractice cases in WI are nearly impossible to pursue and in. I wrote a blog about the difficulties at our web site under personal injury issues. The Milwaukee Journal sentinel did an excellent article about it as well in 2015 or 2016 that you can google and read. If you feel strongly that you want to pursue the case, keep in mind the applicable statute of limitations, which is three years from the occurrence to sue, or your claim will be forever barred. ... Read More
The answer to your question is absolutely yes. You cannot properly pursue a medical malpractice case without an experienced lawyer helping you. You... Read More
 First off, medical malpractice cases in Wisconsin are exceedingly difficult to pursue and win. I have written blogs at our web site on the difficulties and the Milwaukee Journal-Sentinel did an excellent essay about this topic a year or so ago. 9/10 cases are lost before a jury and there has to be significant damages for any personal injury lawyer to consider suing a doctor or hospital. I assume you are married and your spouse was injured as a result of purported medical malpractice. As such, depending on the severity of the injuries and damages, as a  spouse, one would have a claim to loss of consortium. Whether that amounts to "lots of companionship" as you put it, is a different issue. One would need to have more facts from you to try to understand specifically the question you are asking. The statute of limitations is three years to sue for medical malpractice in Wisconsin from the date of the occurrence and failure to file within the three years, would forever bar the claim.... Read More
 First off, medical malpractice cases in Wisconsin are exceedingly difficult to pursue and win. I have written blogs at our web site on the... Read More
Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog at our firm's web site last year about the difficulties and the Milwaukee Journal-Sentinel did an excellent article on the issue as well that you can google. I don't know if receiving an infection from a knee replacement is an inherent risk of the surgical procedure. I would assume that with any surgical proceudre, there is always a risk of infection. I am not a physician, but that to me doesn't sound like malpractice. In regard to whether the knee replacement was necessary, that may be a difference of professional opinion. Much would depend on knowing what the nature of your knee problem was prior to surgery, what the MRIs showed, and how bad your pain level was prior to surgery. If you feel strongly that the surgery was unnecessary, you would need to gather up all of your hospital and  medical records and have them reviewed by a malpractice lawyer. You have three years to start a lawsuit in WI for medical malpractice from the date of the occurrence. Failure to file a lawsuit within three years would forever bar your claim.... Read More
Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog at our firm's web site last year about the... Read More
    I am sorry for your husband's illness. From what I know, pancreatic cancer is usually fatal. I have had several close relatives  pass as a result of being diagnosed with pancreatic cancer, all within a very short period of time. Based on how lethal the cancer is, it is doubtful that even if a proper diagnosis had been made, the outcome would likely be any different. Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog on the topic at our law firm's web site under personal injury issues, and the Milwaukee Journal-Sentinel did an excellent article on the subject as well in 2015. You can google it to read it and I encourage you to do so.  The statute of limitations is three yeas from the date of the occurrence to pursue a medical malpractice case in WI. Failure to file a lawsuit within 3 years would forever bar the claim. If you feel strongly that your husband's cancer was misdiagnosed, gather up all of his medical and hospital records and have them reviewed by a malpractice lawyer. If they think he has a viable case, they will have the records reviewed by an independent oncologist to determine if there is  case. Again, I am truly sorry about your husband.... Read More
    I am sorry for your husband's illness. From what I know, pancreatic cancer is usually fatal. I have had several close relatives... Read More
If a loved one was physically or sexually abused in a health care facility, the answer to  your question is yes; it would fall under malpractice and negligence. Consult with an experienced personal injury lawyer as soon as possible. The statute of limitations in Wisconsin for injury or malpractice is 3 years from the date of the occurrence; failure to file a lawsuit within  three years would forever bar the claim; if this is a governmental facility, you also are required to provide 120 days written notice by filing a notice of claim by personally serving the same on the responsible governmental agency from the date of the occurrence or otherwise,  the claim would also be forever bsrrrd.... Read More
If a loved one was physically or sexually abused in a health care facility, the answer to  your question is yes; it would fall under malpractice... Read More
If you had a medical procedure that another surgeon would determine was unnecesaary, you arguably may have a case for malpractice. One would need to see all of your medical and hospital records, the  MRIs done on your knee and have a detailed history of your knee problem leading up to surgery to even remotely assess the case. What I can tell you is that medical malpractice cases are very dificult to prove. I wrote a blog at our law firm's web sire on the difficulty of pursuing a medical malpratice case in Wisconsin. The Milwaukee Journal-Sentinel did an excellent article about the diffculties in 2015 which you can google and read. The statute of limitations in Wisconsin to pursue a medical malpractice case is three from the date of the occurrence, or otherwise, failure to file a lawsuit within the three years would forever bar your claim.... Read More
If you had a medical procedure that another surgeon would determine was unnecesaary, you arguably may have a case for malpractice. One would need to... Read More
First off, I am sorry for what you have gone through. I hope you are doing better medically. Medical malpractice cases in Wisconsin are nearly extinct. I wrote a blog about the difficulties of pursuing medical malpractice cases in Wisconsin in a blog at our personal injury section of topics at our law firm's web site last year. The Milwaukee Journal-Sentinel did an article about it as well in either 2015 or 2016 which you can google to read. There are many reasons why medical malpractice cases are difficult to pursue and win. If you feel strongly that you were harmed, you will need to gather up all of your medical and hospital records and present them to a medical malpractice attorney to review. If they feel you may have a case, they will hire an outside medical consultant to review your records to determine if you have a viable claim. The statute of limitations is 3 years to sue in WI from the date of the occurrence, or your case would be forever barred.... Read More
First off, I am sorry for what you have gone through. I hope you are doing better medically. Medical malpractice cases in Wisconsin are nearly... Read More

Wrist surgery

Answered 9 years and 3 months ago by attorney David B. Karp   |   1 Answer   |  Legal Topics: Medical Malpractice
Medical malpractice cases iin Wisconsin are practically non-existent. I wrote a blog about this very topic at our law firm's web site last year under personal injury topics. The Milwaukee Journal-Sentinel did an article about it as well, that I would encourage you to google and read yourself. the reason for the difficulties in pursuing medical malpracrice cases is multi-fold. 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 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 for medical malpractice in Wisconsin is three years from the date of the occurrence. Failure to file a lawsuit within three years, would forever bar your claim.... Read More
Medical malpractice cases iin Wisconsin are practically non-existent. I wrote a blog about this very topic at our law firm's web site last year under... Read More
Medical malpractice cases are nearly extinct in the state of WI. I wrote a blog about this very topic at our law firm's web site under personal injury issues. The Milwaukee Journal Sentinel did an excellent article about it last year as well. If you feel strongly that you were harmed and have significant damages, gather up all of your medical and hospital records and have them reviewed by a lawyer. If the lawyer feels you have a viable case, they will hire a medical expert to review the records to determine if there is a malpractice. The statute of limitations in WI to sue for medical malpractice is three years. Failure to file a lawsuit within three years from the date of the occurrence, will otherwise forever bar your claim.... Read More
Medical malpractice cases are nearly extinct in the state of WI. I wrote a blog about this very topic at our law firm's web site under personal... Read More
Medical malpractice cases are nearly extinct in the state of WI. I wrote a blog on the difficulties of pursing a medical malpractice case at our law firm's web site last year under personal injury issues. The Milwaukee Journal-Sentinel did an excellent article on the difficulties as well, which you can and should read. If you feel strongly that the doctor screwed up, gather up all your hospital and medical records and have them reviewed by a malpractice lawyer. If they think you have a viable case, they will hire an expert (medical) to review your file to determine if there is something there. The statute of limitations is three years in Wisconsin for medical malpractice. You must file a lawsuit within three years from the date of the occurrence, or otherwise, your case would be forever barred.... Read More
Medical malpractice cases are nearly extinct in the state of WI. I wrote a blog on the difficulties of pursing a medical malpractice case at our law... Read More

Believed Malpractice Case

Answered 9 years and 3 months ago by attorney David B. Karp   |   1 Answer   |  Legal Topics: Medical Malpractice
Medical malpractice cases are nearly extinct in the state of Wisconsin. I wrote a blog about this very topic at our law firm's web site undfer personal injury issues, and the Milwaukee Journal-Sentinel did an excellent essay about the issue last year, which you can google to read. A lawyer cannot determine if there was professional medical malpractice. You will need to gather up all of your hospital and medical records and have them reviewed by the lawyer, who will hire a medical expert to determine if you have a viable case. Unless there are significant damages, most lawyers won't touch the case. It costs somewhere in the neighborhood of $100,000 in court costs and expert fees to pursue a medical malpractice case. The statute of limitations is three years for suing for malpractice in WI. failure to file within three years from the date of the occurrence, would forever bar your claim.... Read More
Medical malpractice cases are nearly extinct in the state of Wisconsin. I wrote a blog about this very topic at our law firm's web site undfer... Read More