Legal Question in Medical Malpractice in Wisconsin

gall bladder surgery problems

A few weeks ago I had my gall bladder removed. The surgery resulted in a bile leak in which I had to have a tube inserted to drain the bile. The next day the a different doctor put a stint in to try to correct the problem. It didn't work and I was still filling the drain every hour. I also had a fever for four days and really do not remember much of anything that occured. A few days later I was transferred to another hospital to have the stint repositioned. Finally it worked and I began to drain less bile. I was in the hospital for a total of 7 days. I was wondering if there are any legal rights that I have since this was supposed to be an outpatient surgery and I ended up having three surgerys with one more to come at the end of this month to remove the stint. I feel worse now than before I had the gall bladder removed. I am often very nausiated and my back hurts. Let me know what you think. Thanks.


Asked on 8/03/06, 8:14 pm

1 Answer from Attorneys
Michael End End, Hierseman & Crain, LLC

Re: gall bladder surgery problems

You may have a meritorious case. In order to determine whether you do, or don't, a lawyer would need to get copies of all of the medical records relating to your surgery and follow-up care. The lawyer would then need to have the records reviewed by a general surgeon with expertise in performing laparoscopic cholecystectomy surgery. The expert would let the lawyer know whether or not your claim is meritorious. Medical malpractice cases are always difficult, usually being defended to the death by the insurance companies for the doctors and hospitals. Therefore, it may be difficult for you to find a lawyer to look into your potential claim. If you decide to look into whether you have a meritorious claim, please keep in mind that the statute of limitations for medical malpractice cases in Wisconsin is three years from the date of injury. You will have to file either a request for mediation or a summons and complaint within three years of the date of your injury or your case will not be able to be pursued.

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Answered on 8/03/06, 8:25 pm


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