I was diagnosed with lung cancer in March of 2016, as a result I had surgery on may 3rd of 2016 to remove my left upper lobe. When the pathology came back, it showed I never had lung cancer. I am now without half of my left lung and spent 8 days in the hospital. Would I have a case for this misdiagnosis for malpractice?
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.
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