Legal Question in Medical Malpractice in Wisconsin

Re: Drs negligence to check hurting wound

I am assuming that this incident with your father occurred in Wisconsin, so if I am incorrect, then the information which I am providing may not be accurate. I cannot tell you whether your father has a case of medical malpractice to pursue. Medical malpractice cases involve having to prove both negligence and damages caused by the negligence. As to negligence, the law requires that you prove that the doctors or hospitals provided care below the average standard of care. Infection cases are very difficult to pursue in that there usually has to be a showing of something going on beyond the ordinary in that infection is one of the known risks of all types of surgical procedures. Without knowing how or why your father developed the infection, there may or may not be a case of negligence or medical malpractice. As to the damages aspect of the case, you will have to prove what damages your father sustained as a result of any proven negligence. As an example, if the claim is that the delay in diagnois or treatment of your father's infection was the negligence, the question remains as to what damages that event caused. A defense to this argument of negligence will often be that even if the infection had been found sooner, your father still may have required the surgery to remove the pacemaker and have the open heart surgery. There is certainly a question of whether the doctors are able to say that your father would not have needed the surgery to remove the pacemaker and subsequent surgery if the infection had been found earlier. Please be aware that there is a three year statute of limitations in Wisconsin which requires you to either settle your claims or start a lawsuit within three years from the date that any alleged negligence is claimed to have occurred. I would suggest that you obtain your father's medical records and discuss the issues with his doctors to see about thier opinions as to both the negligence and damages. If you still have questions, I would then suggest that you discuss the issues with an attorney who is experienced in handling medical malpractice cases.