Medical Malpractice Legal Questions

"I was forced to take a pre-settlement loan in Feb. hoping to pay it off after depositions." to be clear  - this is false. NO ONE forced you to take out an extortive loan on your case. That was a choice, a poor choice, and one which most lawyers would urge you not to do for the exact reasons you describe. If you have been litigatinga case for 4 years there is simply no reason you should have realisitically belived that there would be a magical settlement event after depositions. Now - what you SHOULD examine - since you say the lawyer signed off on the loan, is WHO OWNS the lending company. There are some lawyers cheating the system making loans on cases with companies they own indrectly, such through a family member or close friend,  and that would provide motive for improper delay by the lawyer. Otherwise, the rest of your post sounds more like financial desperation not legal issues - and you should discuss that with your existing lawyer. ... Read More

I am very sorry to hear about your mother. It would be impossible to even remotely answer your question without more facts. How old was your mother? Why was is she in the hospital? how long was she in the hospital? what was the cause of her death? What was her diagnosis upon admission? What was her underlying medical condition and history at the time of admission. What tests do you claim weren't done that should have been done? On top of that, medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog under personal injuries discussing this very topic at our law firm's web site. The Milwaukee Journal-Sentinel did an essay on it as well about a year ago that you google. In order to pursue the case, you will need to obtain all of your mother's prior medical records relating to her condition that took her into the hospital and of course, the hospital records for her stay. That may be problematic at this point, as more likely than not, the doctor and hospital will not release her records to you, without proper legal authority. That may require you have yourself appointed as the executor of her estate or if no estate, at least petition for a special administration. In the capacity as special administrator, the hospital would have to release her records to you. There also was a previous limitation under the wrongful death statute that would bar an adult child for pursuing a wrongful death claim of a parent caused by medical malpractice in Wisconsin. I am not sure that rule has been revoked.  The statute of liimitations to sue for medical malpractice in Wisconsin, and wrongful death under the recent law change is 3 years. Failure to file the lawsuit within three years from the date of the accident would forever bar the claim.... Read More

Based on these facts alone, it is impossible to answer your question.  Plaintiffs in almost all medical malpractice cases must adduce evidence in the form of sworn testimony of a qualified expert that the defendant was guilty of negligence that caused an injury.  In order to secure a review of the case by an appropriate expert, you must hire a lawyer.  I recommend that you consult a lawyer in your area who specializes in representing plaintiffs in medical malpractice cases.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty to search is Personal Injury Trial Law.  The list of lawyers you will find will include lawyers who do not specialize in medical malpractice, a sub-specialty of Personal Injury Trial.  It will also include both plaintiffs' and defense lawyers.  To determine which ones are which, you'll need to visit the lawyers' websites. Good luck. www.tbls.org ... Read More

From these facts alone, I'm afraid it's impossible to say whether you have a viable claim. In order to get a reliable answer, you'll have to consult a lawyer who will investigate the relevant facts and have your case evaluated by experts. I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

"Discontinued" is a term I've never heard applied to a prescription drug.  If the manufacturer has formally withdrawn a drug from the market, that probably means it has decided that the risks associated with the drug outweigh its benefits, a decision most physicians would probably respect, even if the drug is still on the shelf.  It is also possible for the FDA to withdraw its approval of a previously approved drug, in which case it can no longer be sold or distributed in the United States.  Whether or not a physician was negligent in continuing a drug which had been formally withdrawn from the market by the manufacturer would depend on all the pertinent facts and circumstances of that particular case, there being no hard and fast rule of Texas law that applies here.  In the hospital setting, the physician orders a drug, but the hospital supplies it for use.  It would be the responsibility of the hospital, not an individual physician, to determine whether or not to "remove from the shelf" a particular drug for whatever reason.  Also, please take note that a nurse lacks authority to discontinue a drug which the patient's physician has ordered, such a decision being exclusively that of the physician.  To discontinue a drug a physician has ordered for a hopitalized patient, an order from a physician to discontinue it is required.  The way we address issues like whether contiuning a patient on a particular drug is negligent in a medical malpractice lawsuit is to enlist the aid of experts in the field to express opinions on the issue. To find out whether or not your husband has a viable claim, he will have to hire a lawyer.  I recommend that he promptly consult a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org  ... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

Yes, you can sue.  Under the Texas constitution, our courts are open.  This means that anyone can sue anyone, anywhere, at any time, for any reason, for any amount of money, and without first having to prove anything.  However, filing a lawsuit and winning one are two entirely different things. I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

Texas has a strict two-year statute of limitations that applies to health care liability claims.  Also, the clock starts running on the date of the negligent conduct, not when the injury or death occurs, which is frequently later.  Therefore, I advise you not to delay even one more day before consulting a lawyer! I recommend that you very promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

There are not enough facts here to support anything more than a guess on whether you have a meritorious claim. I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

"Medical malpractice" is a lay term which equates to the legal term "medical negligence."  In Texas, that term is defined, generally speaking, as failing to exercise ordinary care, that is, failing to do that which a colorectal surgeon (or whatever other medical specialty the defendant practices) of ordinary prudence would have done under the same or similar circumstances, or doing that which a colorectal surgeon (or whatever other medical specialty the defendant practices) of ordinary prudence would not have done under the same or similar circumstances.  Typically, what is "medical negligence" in a particular case is the subject of the competing/conflicting opinion testimony of experts in the applicable medical specialty offered by both sides at trial.  I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers who prosecute medical malpractice cases, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in a city near where you live.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers, you'll need to visit the websites of the listed lawyers. Do not delay!  Texas has a strict two-year statute of limitations that applies to health care liability claims and the clock begins to run on the date of the negligent conduct, not when an injury occurs or is discovered, which may be later. Good luck. www.tbls.org... Read More

I recommend that you promptly contact a medical malpractice plaintiffs' lawyer who practices in your area.  For help with your search, please follow the link below to the website of the Texas Board of Legal Specialization.  The specialty for you to search is Personal Injury Trial.  The list of names you find will include both plaintiffs' and defense lawyers.  To learn which ones are plaintiffs' lawyers, you'll need to visit the websites of the listed lawyers. Good luck. www.tbls.org... Read More

I am sorry to hear what happened to your mother in law.  Medical malpractice cases in Wisconsin are exceedingly difficult to pursue and win. 9/10 cases are verdicts for the doctor or hospital at trial. There are caps on non-economic damages, so most personal injury lawyers shy away from taking medical malpractice cases anymore. I wrote a blog on the difficiulties of pursuing a medical malpractice case in WI at our web site. The Milwaukee journal sentinel did an excellent article on the subject a year or two back that you can google and read.  If you feel strongly that your mother in law was harmed,  she will need to obtain all of her medical and hospital records involving the treatment and her care, and provide those records to a malpractice attorney. The attorney will review them and if they think there is something there, we will hire an outside medical consultant to review the case to determine if your mother in law has a viable claim. The statute of limitations for medical malpractice in Wisconsin is three years to start a  lawsuit from the occurrence. Failure to file the lawsuit within three years would forever bar the claim.... Read More

It is possible you have a medical malpractice case.  In order to know, you need to get a second medical opinion from a comparable provider who can tesify or put down in writing that the first provider acted beyond the scope of the opperation and that his opperation was not conducted within the normal standard of care.  If another comparable doctor states that the first doctor violated standards of care, you will likely have a good case. Please contact me for further assistance.... Read More

It sounds like you have a good case.   A lawyer would have to evaluate the records and consult with experts to determine if your PCP and OBGYN breached the standard of care, and if they did whether a timely diagnosis would have changed the outcome.   I would recomend that you reach out to highly rated lawyers on this site.  Look for lawyers with an AV rating.  The first consultation is always free, and you only pay an attoney's fee if you win. ... Read More

Its possible that a case lies here BUT such cases are VERY difficult to establish and often do not have sufficient financial damages to warrant the expense and investment needed by most lawyers handling such cases. You will need expert testimony and affidavits and will need to hire a malpractice lawyer, and possibly bear the expense of securing experts on such a case, so be prepared for that. ... Read More