Legal Question in Medical Malpractice in Wisconsin

Re: Not informed of all medicine

Luckily your daughter has not suffered any apparent serious side affects from taking the medcation. I would immediately contact both the prescribing physician and the pharmacy to see about finding out more about the medication. I am not sure if you have yet been provided with correct information about the medication side affects or consequences of missing a dosage. If you are still uncomfortable with the information, you would be best to obtain another opinion from an additional physcian before deciding what to do about stopping or continuning the medication. Monetary damages are usually only recoverable in a malpractice case if actual harm or damages have been sustained. You generally cannot recover for something that might have happened. Therefore, unless you can prove that your daughter sustained damages from taking the medication, you generally will not be able to make a malpractice claim. Please note that there is generally a statute of limitations that would allow you to pursue any possible malpractice claim for your daughter no later than her 10th birthday. The only other potential time issue to consider is that if your daughter's care was provided by a physician employed by the STate of Wisconsin, or if the health care provider was a medical resident, then there is an additional notice requirement of providing notice to the State of Wisconsin Attorney General's office within 180 days from the date of any potential negligence, and you must provide that notice pursuant to requirements found in Section 893.82 of the Wisconsin Statutes. If you have any further questions, feel free to contact me.