Legal Question in Medical Malpractice in Wisconsin

Re: Malpractice or Negligence?

In a medical malpractice case the doctor must be found to have breached the standard of care required of such a doctor. Further, that breach or negligent act must have caused damages, such as medical bills (above and beyond those related to the underlying problem), pain, suffering, disfigurement, disability, loss of earnings, etc. All of this must be proven in Court and this is generally done through both fact and expert witnesses. The cost of bringing a medical malpractice case typically exceeds $10,000 and thus, the damages must be very serious. Though you have potential damages caused by the first doctor's acts, those damages are not serious enough for me to handle your case. For the sake of answering your question, I have assumed the doctor was negligent, but as I say above this would have to be proven and that may be difficult has sometimes doctors have differing opinions without being "negligent." Please contact me if you have additional questions.

Re: Malpractice or Negligence?

Yours is not a case that I would want to handle. I think that most lawyers would feel the same way about it. I interpret your posting to be asking whether it would be worthwhile to bring a claim against the doctor who examined you but did not suggest surgery as the method of relieving your pain. I think it might be difficult to prove that the doctor was negligent. Even if you could prove negligence, the only damages would be for your pain and suffering for a very short duration of time. You were able to have your surgery by the second-opinion doctor. That surgery apparently was what you needed. I doubt that the time, effort, and expense involved in pursuing such a claim would be worth it.

There is a three-year statute of limitations for medical negligence cases in Wisconsin. That means that you would have to file either a request for mediation or a summons and complaint within three years of when you were injured by the doctor's negligence or you would no longer be able to pursue your potential claim.