Wisconsin Medical Malpractice Legal Questions

I am sorry to hear about your mother. Unfortunately, it is likely that it is too late to pursue a medical malpractice case.  A suit was probably time barred after 3  years from the harm or the date of the death.  I do not believe that you will be able to find someone to represent you regarding this.  But you are welcome to call attorneys in the state where the harm/death occurred and get more individualized information. Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

MRSA infections following surgery are difficult malpractice cases because most infectious disease experts take the position that it is impossible to avoid postoperative infections completely. Because hospitals are a very sanitized environment, they often develop resistant bacteria. Usually, if a malpractice case is pursued related to a postoperative infection, the allegation is that the infection was not timely treated. These are also difficult cases, because MRSA infections are insidious and it is hard to prove the earlier intervention would have resulted in a different outcome.  If you want to investigate a claim, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read More

It is unlikely that a two week delay had a material impact on the outcome. Also, two weeks of pain and suffering are not enough to make a claim financially viable. If you do not recover completely, then you should consider contacting a local medical malpractice attorney to determine whether the delay in diagnosing the injury was responsible for any harm.  Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office.  Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This addresses the idea of financial viability, which is an issue in your claim.  Click here for an article that explains what you can expect when filing a medical malpractice case.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read More

You have probably waited too long.  You are likely bound by a three year statute of limitations which essentially means that you have to file a lawsuit within three years of the incident/harm or you are barred from doing so.  It has been over three years.  Also, based on the information you provided above, I am not sure you would have a sufficient malpractice case to begin with.  It does not seem like  you were harmed by the lack of them "doing their job" or that there was a breach in the standard of care.  These cases have a very high standard and there must be a blatant breach in the standard of care in order to even proceed with a potential case.   There may be, but I cannot provide you any further information based on the limited information you provided.  I think you are barred by the statute of limitations but if you are still interested in pursuing this you should contact local medical malpractice attorneys in your area and they will be able to more precisely inform you of your state's statute of limitations and other requirements. Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information. ... Read More

I am sorry to hear the problems you are having.  What's most important is that you get the treatment you need for your knee/leg.  This is something that is your responsibility and it is probably a good idea to go to another doctor -- one who does not work for the same company as the first 2 doctors. Find an independent doctor and see if they are able to give you any further information about why the quad muscles were torn during the knee replacement.  Also, you can request the medical records from both of these doctors and any other doctors or hospitals where you sought care or had treatment/surgery for your knee or future leg problems.  After you request the records start calling personal injury/medical malpractice attorneys in your local area.  Try and get consultations with lawyers (most are free).  They will want to see  your records.  Malpractice cases are very tough and that is usually because state laws make it difficult to sue health-care providers.  Most cases of this nature require an expert witness -- meaning another doctor will have to be wiling to testify that the first doctor did not meet the standard of care during the knee replacement which resulted in the torn quad muscles.  This is another reason why an unrelated doctor will probably benefit you.  I hope this information helps. Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read More