Legal Question in Medical Malpractice in Wisconsin
4 day delay/misdiagnosis of appendicitis
I went to a local emergency room with severe abdominal pain, vomiting and fever for 24 hours. This was Tuesday, Nov 8th. I spent 11 hours in the ER and had many tests including CT and ultrasound, several exams and various lab tests. My white blood count was 26,000 and they finally admitted me to the hospital without a dianosis. I has another CT scan on Weds Nov 9th. I was not diagnosed with anything and they told me they ruled out appendicitis twice. I sat in the hospital until Friday afternoon with no improvement. Finally I had exploratory surgery. This was supposed to be laprascopic but once they went in they realized my entire abdominal cavity was filled with infection due to untreated acute appendicitis. They had to make a large incision, remove the bits of appendix they could find and my right falopian tube. I now believe I am suffering from adhesions and had peritonitis that I was not told about and I am seeking an atty whom has a proven track record with appendicitis cases. There is much more to the story but the bottom line is they left me there for FOUR DAYS and I have had many consequences on all levels and severe pain because of this. Is this a malpractice case? If so I am seeking an atty to consult with.
2 Answers from Attorneys
Re: 4 day delay/misdiagnosis of appendicitis
In order to determine whether you may have a claim that you can successfully pursue, a lawyer would have to review all of the medical records regarding your visit at the hospital. The diagnosis of appendicitis is sometimes a difficult diagnosis to make, even with modern techniques that are available. A doctor is held to the standard of care of doctors of that specialty. In order to determine whether you may have a case, a doctor of that specialty would have to review the records and let your lawyer know that doctor's thoughts about your potential claim. Another issue would be what injuries you suffered as a result of such negligence, if any. From your question, it appears that your appendix had probably already ruptured by the time you arrived at the hospital. Thus, you would have needed surgery. How the delay in the surgery caused additional injury to you is something that a doctor would have to determine and is something that you would have to prove in order to recover compensation for what happened. Medical malpractice cases are usually defended vigorously by the insurance companies who insure doctors and hospitals. The cases are very time consuming and expensive to pursue. Thus, it is frequently difficult to find a lawyer willing to get involved with a medical malpractice case. The statute of limitations in Wisconsin is three years from the date of injury. That is the deadline for filing a case to recover compensation for what happened to you, assuming that the case turns out to have merit.
Re: 4 day delay/misdiagnosis of appendicitis
Attorney Michael End's response is excellent and I would add that this is not the type of medical malpractice case I would handle. You may wish to call the Milwaukee Bar's Lawyer Referral Service at 414.274.1901 or Wisconsin Bar's Lawyer Referral Service at 800.362.9082 if you have trouble finding a lawyer to handle this.
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