QUESTION

Would you consider this a medical malpractice suit??

Asked on Mar 02nd, 2016 on Medical Malpractice - Wisconsin
More details to this question:
4 years ago I had 3 surgeries on my knee to remove an infected "bursa sac". To this day I STILL have an open wound that weeps daily!! It also caused a huge lump below my knee cap.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
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.
Answered on Mar 10th, 2016 at 3:27 PM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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