Legal Question in Medical Malpractice in Wisconsin

I had an hiatal hernia operation in Wisconsin in June of '09. It's returned, worse than before, with a lot of pain and discomfort, and spread to wider area also.

A mesh was used, and I understand there's been a recall of the mesh products from a few manufacturers, but some are still in use anyway.

I've unfortunately been unemployed and had to apply for state assistance and I'm waiting for approval. It might be for several months before I can see a doctor. I've been to the emergency room twice and haven't even seen a doctor once, just nurses, so I've had to do research on my own.

Is there a way to find out what brand of mesh was used? The nurses I talked to at the hospital told me this could be a life threatening situation, and I'd like to have an idea of what's going on while waiting for assistance.

Thanks, if you can help,

Ted Sebastian


Asked on 4/14/10, 1:07 pm

1 Answer from Attorneys
Jonathan Safran Samster, Konkel & Safran, S.C.

You might get the hospital medical records from your surgery. They will normally note detailed information, such as manufacturer, serial number, etc. of any materials that were used, including the mesh. Keep in mind that there is normally a three year statute of limitations which will apply to a product liability or medical malpractice claim in Wisconsin, which requires you to either settle any claims or start a lawsui, within three years from the date of any negligence, normally the date of the surgery.

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Answered on 4/22/10, 8:17 am


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