Legal Question in Medical Malpractice in Wisconsin
My father was diagnosed by doctor orderd medication to correct and it was cancel
My father was diagnosed with Encephilitis he had spinal tap showing white blood cells doctor said he needed to recieve antibiotics for 5 days in hospital via IV. I asked if he could remain at the hospital we were at, as he had point of servie insurance they said no transfered him to the hospital on his plan. He had been sent home from, the night earlier where they claimed he had pneumonia. The doctors at the second hospital said there is absolutely no signs of pneumonia in xrays and it would have to be the fastest curing case they ever saw if he did have it. He was transfered back to the hospital that misdiagnosed pneumonia where the said second hospital was wrong and over medicated and he did have pneumonia and took him off all medications without doing any further tests and sent him home. I called every doctor complaining and scheduled him back in the next day but he had seizures and heart attack and finally a stroke. The doctors maintain it was encephilitis and if he would have recieved the medication none of this would have happened.I am looking for any similar case to show my parents as they are very hesitant to pursue legal actions.
3 Answers from Attorneys
Re: My father was diagnosed by doctor orderd medication to correct and it was ca
Unfortunately, I am not aware of any similar cases.
Re: My father was diagnosed by doctor orderd medication to correct and it was ca
In order to determine whether your parents might be able to successfully pursue a medical negligence claim, a lawyer would need to have all of the medical records reviewed by a doctor to determine whether the care provided to your father was negligent and, if so, whether the negligent care was, in fact, a cause of the problems that occurred. It is impossible to determine the potential merits of the case without going through that process.
There is a three-year statute of limitations for medical negligence cases in Wisconsin. That means that your parents would have to file either a request for mediation or a summons and complaint within three years of when your father was possibly injured by negligence. Failure to file within three years results in your parents losing their right to pursue a claim.
Re: My father was diagnosed by doctor orderd medication to correct and it was ca
The facts of every case make it unique, so finding a similar case to show your parents will be next to impossible. It is difficult for me to give you any advice or to determine whether any negligence occurred without reviewing all of the medical records of the two hospitals, including x-rays, lab reports, etc. The records then might have to be referred to another physician to review to give an opinion as to whether medical negligence took place and what damages resulted from the negligence. Please be aware that there is generally a three year statute of limitations in Wisconsin which generally requires the claims to be settled or a lawsuit or request for mediation to be commenced within three years from the date that any negligence may have occurred. If one of these is not done, then all claims might be extinguished. The only other issue to potentially be concerned about is whether the hospitals and/or any of the doctors were under the control of any municipality such as a city, town or county run hospital or a medical resident, but not a fully licensed physician. If that might be the case, then other notice requirements need to be complied with by filing the notice with the proper governmental agency within 180 days from the date of the alleged negligence.
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