Medical Malpractice Legal Questions

You may have a case if the statute of limitations has not expired.   The law requires that a medical malpractice lawsuit be initiated within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered. The law also requires that it be initiated within three years from the date of the act or omission complained of (CGS § 52-584). (The courts typically refer to the two year period as the statute of limitation and the three year limit as the statute of repose).  You would also need a medical doctor who can offer testimony that basicly damn the doctor who committed the malpractice. This is very difficult to find.  There needs to be a doctor who can attest that your treating doctor did not live up to the standard of care required. Please contact me if you would like further assistance or answers. ... Read More

Patsy, there are many firms handling the PPI cases in Pennsylvania but you very well may have a statute of limitations issue since you were diagnosed so long ago.  My advice would be to reach out to one of those firm ASAP to see if you still have time and whether the facts of your case qualify. Good luck,... Read More

The answer to your question is yes, but just because you can, doesn't mean you should. Medical malpractice cases are very complex and the chances of success are not good. 9/10 of cases are lost at trial to defense verdicts for the doctor. First off, I would consult with a new eye doctor to see if there is anything that can be done to correct your vision. See what the new doctor says to you about the reason you have blurry vision from the cataract surgery. I don't know if blurred visiion is  possible complication from that type of surgery and if so, is it permanent, or does it go away obver time. You don't indicate when your surgery occurred. It is also confusing that your current doctor would "refuse" to see or treat you, if you do have a complication from the surgery. If you still feel strongly that you were harmed by your current eye doctor, request a copy of your entire medical file from their office and consult with a malpractice lawyer of your choice. They will review your records and if they think there is something there, consult with a private eye doctor to review your records to determine if you have a viable claim. The statute of limitations to sue for medical malpractic  in the state of Wisconsin is three years from the date of the original occurrence (surgery in your case). Failure to file a lawsuit within 3 years from the occurrence, will forever bar your claim.... Read More

Cmon now - you lost all those things from the heart attack itself not some  failure of a physician to magically anticipate a heart attack 2 days later and more than its your own fault you waited all week to seek care. Before you even make such a claim, you will need to have a cardiologist state in writing that the heart attack should have been diagnised and would been prevented. Otherwise this is just unforunate circumstance. ... Read More

Yes you can. Damages recoverable upon proper showing in wrongful pregnancy action included all medical expenses for failed avoidance procedure and for pregnancy and delivery, including costs of prenatal care during pregnancy, expenses of any medical complications arising from avoidance technique or pregnancy and delivery and expenses of period of postnatal recovery, damages for pain and suffering from time patient discovered she was pregnant until she recovered from child birth, and damages for lost wages during pregnancy, delivery, and some period of postnatal recovery. Expenses that you incur for raising the child are not recoverable. Smith v. Gore, 728 S.W.2d 738 (Tenn.,1987)  ... Read More

Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. 9/10 of jury verdicts are in favor of physicians. If you feel strongly that you were harmed, you will need to obtain all your medical and hospital records relating to the specific treatment, and have them reviewed by a malpractice attorney. If they feel you have something there, they will hire an outside medical consultant to review your records to determine if you have a viable claim. The SOL in Wisconsin for suing for medical malpractice is 3 years from the date of the occurrence. Failure to file the lawsuit within 3 years, would forever bar your claim.... Read More

From the information you have given, I don't believe this is malpractice. If you are unhappy with your doctor or they are not willing to help you any further, whether it is with treatment, or filling out papers you need for your WC cliam, consider hiring a new doctor to take over the treatment of your case.... Read More

What is your age? Did you have a total hip replacement? Why did you need a hip replacement (i.e. injury, degenerative changes, congential defect?) Were the risks of the surgery explained to yoy by the doctor in advance? Have you had a consult with a different orthopedic surgeon to determine if there is anything that can be done to help you? It would help  if you obtained a complete copy of your medical and hospital records from your doctor. You can have them reviwed by a medical malpractice attorney. If the attorney feels there is something there, they will hire an outside medical consultant to review your records to determine if you have a viable claim. The statute of limitations in Wisconsin to sue for medical malpractice is three years. failure to file a lawsuit within 3 years, would forever bar your claim.... Read More

I am not sure from your question that this is medical (dental) malpractice. Your post is a bit unclear to me. The dentist quit doing the procedure on you or the dentist quit the practice? If the former, what reason was given to you as to why the dentist quit doing the procedure and specifically, what procedure was being performed and why was it necessary? If it is the latter issue, certainly wouldn't someone else within the practice be able to take over the treatment of your case? Further, unless you were permanently damaged in some way as a result of what the denitst did, you probably wouldn't have a viable claim anyhow. The statute of limitations in Wisconsin to sue for professional medical malpractice is three years. Failure to file a lawsuit within 3 years from the date of the occurrence, would forever bar your claim.... Read More

The answer to your question is yes, you can sue in this country for anything, but just because you can, doesn't mean you should. Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog at our law firm's  web site under personal injury issues that you shuld read You can also go to google and review and excellent article that the Milwaukee Journal Sentinel did back in either 2015 or 2016 on the same subject. If you feel strongly that there was malpractice and you were permanently damaged, you will need to compile all of the releveant medical and hospital records. Once you receive them, you would have them reviewed by a medical malpractice attorney. If the attorney thinks there is something there, they will hire an outside medical consultant to review the records to determine if you have a viable claim. The statute of limitations for suing for medical malpractice in Wisconsin is three years. Failure to file a lawsuit within 3 years from the date of the original occurrence, would forever bar your claim.... Read More

First off, how is your swollen eye? What did your eye become swollen from? Was the antibiotic prescribed topical or to be inserted into your eye? What type of adverse reaction did you have to the antibiotic? Have you ever had an allergic or adverse reaction to the antibiotic before? Whether you have a viable medical malpractice case or not to some extent in your case is going to be depenedent on the answers to the questions I have posed to you, as well as whether or not you make a complete recovery. To have a medical malpractice claim, you will have to have sustained some type of permanent and long term injury. Medical malpractice cases are exceeedingly difficult to prove and win in Wisconsin. I wrote a blog at our law firm's web site under personal injury issues to explain the difficulties. The statute of limitations is three (3) years to file a malpractice lawsuit from the date of the original occurrrence. Failure to do so, would forever bar your claim.... Read More

There is a 3 three year statute of limitations in Wisconsin for suing for medical malpractice from the date of the occurrence. There is a "discovery" exception, which requires the lawsuit to be filed within one year from discovering that there was malpractice if beyond the 3 year limitation, but in no case can it be more than 5 years from the initial treatment. Keep in mind any attempt to file a lawsuit beyond the three year ordinary statute of limitations will be met with a motion to dismiss by the defense attorneys for the doctor and their malpractice carrier. Even assuming there is a case, it could turn out that the case gets dismissed. I am sorry for what happened to your husband. If you feel strongly that something went wrong, you should obtain a complete copy of his medical file including those records from the nursing home and have them reviewed by a medical malpractice attorney. If the attorney thinks there is something there, they will hire an outside medical consultant to determine if you have a viable claim.... Read More

First off, I am very sorry to hear about your wife, and at such a young age. Medical Malpractice cases are very difficult to prove and win in Wisconsin. I wrote about the difficulties of pursuing such a case in a blog at our firm's web site under personal injury issues. Further, the Milwaukee Journal-Sentinel did an excellent essay on the subject either in 2015 or 2016. You can google it and read it yourself. The starting point in analyzing whether your wife has a case or not is to secure all of her records from the chiropractor as well as the records from her doctor/ hospital followiing the chiropractic treatment. Once you have those records together, you should have them reviewed by a malpractice attorney. They will hire an independent doctor to review the file to determine if your wife has a viable claim. Remember that the statute of limitations for pursuing a medical malpractice case in Wisconsin is three years from the date of the occurrence. Failure to file a lawsuit within 3 years, would forever bar the claim.... Read More