Wisconsin Medical Malpractice Legal Questions

Medical (in your case) dental malpractice cases, are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog last year at our law firm's web site, under personal injury topics that explored this very issue. The Milwaukee Journal-Sentinel did an excellent article last year on it as well. Dental may be a bit less difficult than a medical malpractice case, but the best advice one can provide to you is to request your complete file from your dentist and have your records reveiwed by a malpractice attorney of your choice to consider making the case. Keep in mind the 3 year limit in Wisconsin.  Under 893.55, you must file a lawsuit within three years from the date of the occurrence, or otherwise, your claim will be forever barred.... Read More

Medical malpractice cases in Wisconsin are basically non-existnet due to the difficulty in suing doctors and cap limits that exist on damages. I wrote a blog at our firm's web site last year on this very subject and the Milwaukee Journal-Sentinel did an excellent article on it as well last year. If you feel strongly that your husband was harmed, gather up all of his medical and hospital records and have them reviewed by a malpractice lawyer. If they feel there is some substance there, they will hire an expert in the specific field of medicine involved to determine if your husband has a viable case. The statute of limiations in Wisconsin for medical malpractice is three years. Failure to file a lawsuit within 3 years from the date of the occurrence, would forever bar the claim.... Read More

Medical Malpractice cases in Wisconsin are exceedingly difficult to pursue and win. I wrote a blog about this very topic at our law firm's web site under personal injury topics, last year, and the Milwaukee-Journal Sentinel did an excellent article about the difficulties of suing a doctor or hospital, that you can look up on the internet to review. Without permanent injuries and significant damages, you will be hard pressed to find an attorney interested in pursuing the case. However, if you feel strongly that you were harmed, gather up all of your medical records and have them reviewed by a malpractice attorney to determine if there is substance to your case. The statute of limitations in Wisconsin for suing on a medical malpractice case is three years from the date of the occurrence. Failure to file within the three years would forever bar your claim.... Read More

If you were injured on the job when this happened, you would have a viable worker's compensation claim for injury. This is not a medical malpractice case in my opinion. Find out the insurance carrier for your employer and make a claim. If you need to find a worker's compensation attorney in your area you can use the lawyers.com guide, or Best Lawyers in America, or Super Lawyers, among other sources.... Read More

The incident you described in my opinion, does not rise to a level that you would have a viable medical malpractice claim. Malpractice cases in Wisconsin are nearly extinct. I wrote a blog on the subject at our firm's web site, and the Milwaukee Journal-Sentinel wrote an excellent essay on as well last year that you can google. I suggest you simply find a new physician to treat you for your pain. I am certainly not condoning, by the way, the ill tretament you received from your former doctor's office. Time to go shopping to find yourself a new pain doctor.... Read More

Medical malpractice cases are very difficult to pursue and win in Wisconsin. I wrote a blog about it at our web site. The Milwaukee journal -sentinel did an essay on it as well last year. What were the three surgeries for? Was it the same surgeon? Why would the surgeon refuse to continue to see you and treat you? Why would the surgeon demand you sign an agreement that you can't get medicine from anyone else? Did you have a lawyer or even friend review it for you, prior to signing it? The story isn't making complete sense and I have never heard of an instance where a doctor made a patient sign an agreement blocking them from obtaining prescription medicine from no other doctors.         I would suggest you have that agreement immediately looked at by a lawyer. I would suggest you find yourself another surgeon or Doctor to take over the handling of your case.        If you feel strongly that your surgeon did something wrong in your care and treatment, obtain a complete copy of your medical records and have them reviewed by a medical malpractice lawyer of your choice. The statute of limitations is three years in the state of Wisconsin. Failure to file a lawsuit within 3 years of the initial date of occurrence, would forever bar your right to pursue your claim.  ... Read More

Take your wife to the E/R to be examined. If she is seriously ill, they will admit her and a new surgeon or medical doctor will take over her care. If not an emergency, try an urgent care walk in clinic or if the surgeon was part of a group or medical practice, contact that group. Your wife should also have a general primary medical doctor or internist assigned to her care, so contacting her regular physician is another option. ... Read More

     It is impossible to tell from your post whether you have a viable medical malpractice case or not. First off, I am terribly sorry to hear about your baby. This is a heartbreaking story.  It certainly sounds like the case could be complicated and there might be something there. Medical malpractice cases are very difficult to pursue in Wisconsin anymore, but not impossible. I wrote a blog at our firm's web site about the difficulties of pursuing such a case. The Milwaukee Journal- Sentinel did an excellent article about the difficulties last year as well. The statute of limitations on medical mallpractice cases in Wisconsin is 3 years. If you fail to file a lawsuit within three years, the case would be forever barred. I suggest you request all of the clinical records, hospital records  and obstetrician's records and make an immediate appointment to sit down with an experienced medical malpractice lawyer of your choice to determine if you have a case. They will review the records and if they think there is something there, they will hire an outside expert (medical doctor) to review the rcords to determine if you have a viable claim.... Read More

Medical Malpractice cases are exceedingly difficult to pursue and win in Wisconsin. It has practically become non-existent. I wrote a blog about it at our web site and the Milwaukee Journal-Sentinel did an excellent article about it last year. This does not sound like a malpractice case. You may have a complaint about the quality of care and service you received, but it wouldn't be medical malpractice unless you suffered a serious and perhaps long term incapacitating medical injury as a result. If you decide to look into it further, keep in the mind the 3 year limit for filing a lawsuit from the date of the occurrence  for medical malpractice in WI.... Read More

      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.... Read More

Medical Malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog about it at our firm's web site and the Milwaukee-Journal Sentinel did an excellent report about it last year that you can read on line by searching for it. The problem you have in your case is  while there very well may have been a misdiagnosis of the injury, the question is whether you were damaged as a result or have any permanent damage as a result of the failure to diagnose properly. Most malpractice attorneys will not touch a case unless there are significant damages, as otherwise, it is simply not worth their time and expense to pursue the case. The statute of limitations is three years to start a lawsuit to protect your right to proceed from the date of the initial occurrence where the misdiagnosis occurred. If you feel strongly that you were harmed, gather up all of your medical and hospital records and have them reviewed by a medical malpractice attorney to determine if you have a case.... Read More

You may have a case but I can tell you that professional medical/dental malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog about it at our web site, and the Milwaukee Journal-Sentinel did an excellent article about it last year that detailed the problems. While there may arguably have been malpractice, you also need to prove damages. It is not enough that an error or mistake was arguably made and that is wherein lies the difficulty of pursuing your case. Unless there are significant damages, you probably are going to find difficulty in finding any malpractice/injury lawyer who may be interested in taking the case. It is also possible that the crown got loose on its' own and had nothing to do with what the hygenist was doing, and that is probably going to be their defense. The statute of limitations for suing on dental malpractice in Wisconsin is three years. If you fail to file a lawsuit within three years from the date of hte occurrence, your claim would be forever barred.... Read More

       Medical malpractice cases are very difficult to pursue and win in Wisconsin; I wrote a blog about it at our firm's web site. The Milwaukee Journal-sentinel did an essay about it as well, last year. Have you consulted with a hand surgeon on what can be done for your son? It may be an entirely  treatable or correctable condition; if not, and he has a permanent  finger/hand problem, gather up all of his medical records and have them reviewed by a malpractice lawyer.... Read More

        I am sorry what happened to your hand. Medical malpractice cases are very difficult to pursue in Wisconsin. I wrote a blog about it at our firm's web site. The Milwaukee Journal-Sentinel did an excellent essay about it as well last year. If you feel strongly about it, gather up all of your medical records and sit down with an experienced injury lawyer to review your case. Under Wisconsin law, you have three years to file a lawsuit; if you fail to file within three years from the date of the occurrence, your case would be forever barred.... Read More

You very well may have a case. However, medical malpractice cases are very difficult to pursue and win in Wisconsin. I wrote a blog about the difficulties at our firm's web site. The Milwaukee Journal-sentinel did an excellent essay about it last year as well. The concern that I have and the argument that they will make is that if you actually had lung cancer and they didn't do the surgery, what would have happened to you? If you feel strongly about pursuing your case, request your entire medical file and find an attorney that you are comfortable with to review the case. The statute of limitations is three years for pursuing a medical malpractice case. This means that a lawsuit must be filed within three years from the date of the occurrence or your claim would be forever barred.... Read More

       Medical malpractice cases are very difficult to pursue in Wisconsin. I wrote a blog about the topic at our law firm's web site. While granted your case involves dental malpractice, it may still be a difficult case to pursue; the larger problem in your case may be less proving negligence, than the limited damage value of your case in terms of what happened to you. An attorney may have to spend thousands of dollars in court expenses and expert fees in pursuing the case, so unless there are large damages involved, you probably will find great difficulty in finding an injury/malpractice lawyer to take your case. Keep in mind the statute of limitations in Wisconsin for professional medical malpractice is three years from the date of your occurrence. If you fail to file the lawsuit within three years from the initial dental work you had, your claim would be forever barred.... Read More

Medical malpractice cases are very difficult to prove in Wisconsin. While your case is one for dental malpractice, I  don't think that makes it any easier. I wrote a blog at our firm's web site of the difficulties associated in Wisconsin with pursuing a medical malpractice case. The Milwaukee Journal-Sentinel also did an excellent essay on the topic last year. If you feel strongly you were harmed, gather up all of your dental records and have them reviewed by a personal injury lawyer. If they think your case is viable, they will consult with a dental expert to determine if you have a case, and you are damaged enough to warrant starting a lawsuit. The statute of limitations on dental malpractice in Wisconsin is three years from the occurrence. If you fail to file a lawsuit within three years, your case would be forever barred.... Read More

Given your post, most likely you will need two separate lawyers to help you. You can check the Lawyers.com listing of worker's compensation lawyers in the Milwaukee area to find an attorney to help you. On the medical malpractice issue, I wrote a blog about the difficulty of pursuing medical malpractice cases in Wisconsin at our firm's web site. The Milwaukee Journal Sentinel also did an excellent essay about the difficulties in Wisconsin last year as well. Medical malpractice cases in Wisconsin is practically extinct in Wisconsin except in the most catastrophic cases. Read my blog or the newspaper article and you will learn why. If you feel you were definitely harmed by the care you received,  you should request a complete copy of all of your medical records. Once you have them, consult with a medical malpractice attorney (again, check the Lawyers.com guide for a lawyer in your area), who will sit down with you and review the records. They will consult with a medical expert to determine if you have a viable case. The statute of limitations is three years in Wisconsin from the date of the occurrence to pursue your case. If you fail to file a lawsuit within 3 years, your case would be forever barred.... Read More

Medical malpractice cases are very difficult to pursue in Wisconsin. I write a blog about it at our firm's web site and the Milwaukee Journal-Sentinel did an excellent article last year on the difficulties of pursuing and winning a malpractice case; you would need to gather up all of your medical records; those records would then be reviewed by a malpractice lawyer; the lawyer would contract with an outside medical expert to determine if you have a viable case. The law for suing in Wiscinsin is three years from the date of the occurrence. If you fail to file a lawsuit within three years from the occurrence, your claim would be forever barred.... Read More

       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.... Read More

Medical  malpractice cases in Wisconsin are exceedingly difficult to pursue and win. I wrote a blog at our firm's web site on the difficulties last year. The Milwaukee- Journal Sentinel wrote an excellent article about the problems as well sometime in 2015. Misdiagnosis cases are among the toughest, because the failure to diagnose properly in and of itself doesn't mean you have a case, unless you can show you were damaged as result of the failure to properly diagnose; most individuals cannot show they were damaged or otherwise harmed. I don't know if you can or cannot. If you feel strongly that you were wronged, gather up all of your medical records and have them reviewed by an attorney who practices in the medical malpractice area. The statute of limitations in Wisconsin is three years, counting from the date of the  occurrence. If you fail to file a lawsuit within three years, your case would be forever barred.... Read More

If the surgery had not been done, and there was a mass, then what? I think this would be a very difficult case to pursue. However, if you feel strongly that there was a lack of care, gather up all of the relevant medical records and sit down with an experienced malpractice lawyer to determine if you have a viable claim. The statute of limitations in Wisconsin is three years from the date of the occurrence; if you fail to file a lawsuit within the 3 years, the claim would be forever barred. ... Read More

Medical malpractice cases are very difficult to pursue and win in Wisconsin. I wrote a blog about how hard it is at our firm's web site. You mention this occurred in 2012, which would take your son out of the statute of limitations. In Wisconsin, you must file a lawsuit for medical malpractice within three years from the date of the occurrence or the claim is forever barred. There is an exception under the "discovery rule," but I don't see anything in your post that your allegation or suspicion of medical malpractice was only recently discovered.... Read More

Medical malpractice cases are very difficult to pursue and win in Wisconsin. I wrote a blog about the difficulties at our firm's web site. The Milwaukee Journal-Sentinel did an essay report about the issue as well in 2015. Three years ago also raises a red flag; the statute of limitations in Wisconsin for medical malpractice cases is 3 years from the date of the occurrence. There is an exception under the so called "discovery rule," but any attempt by you to file a lawsuit beyond the three years, will be met by a rigorous defense by the attorneys for the physician and the insurance company who will bring a summary judgment motion to have your case dismissed. If you are within the 3 year time line and you feel strongly that you were damaged, compile all of your medical records together, and sit down with an experienced malpractice lawyer to see if there is a viable case.... Read More

In Wisconsin, the statute of limitations for starting a lawsuit on a medical malpractice case is three years from the date of the occurrence, so with this incident happening 4 years ago, the statute has run. There is an exception under the "discovery rule," but it is complicated and has limitations as to how it is applied. Any attempt by you to file a lawsuit over the injury after three years, will be met with a rigorous defense from the defense attorneys for the doctor or hospital, will file a motion for summary judgment to have your case kicked out of court. That is the procedural aspect of things. In regard to the substantive portion, assuming you were still within the time line to pursue your case, medical malpractice cases are very difficult to prove and win in Wisconsin. I wrote a blog about it at our firm''s web site, and the Milwaukee Journal-Sentinel did an essay about the same topic sometime last year. An attorney cannot really an answer whether there was malpractice in your case. A an expert outside doctor is retained by the attorney to review all of your records to determine if you have a case.   I am certainly sorry for your injury and what has happened to you.... Read More