Legal Question in Medical Malpractice in Wisconsin

medical malpractice

I had headaches for quite a few years. I went to a doctor about it a couple of times, but he told me nothing was seriously wrong. About a year later, I got really sick and was taken to a hospital. I had to have brain surgery to remove a tumor. Can I sue the doctor for not catching it sooner?


Asked on 7/18/07, 5:10 pm

1 Answer from Attorneys

Michael End End, Hierseman & Crain, LLC

Re: medical malpractice

In order to recover compensation for injuries caused by medical malpractice in Wisconsin, a person must prove that the doctor was negligent and that the negligence of the doctor caused injury to the patient. I am unable to tell you whether your doctor was negligent based upon the facts you have given. The only way a case for negligence could be made, in my opinion, would be if the medical records showed that you were having symptoms that should have caused the doctor to order some diagnostic tests, such as a CT scan or an MRI of the brain. The standard of care may only be determined by a doctor of the same specialty, so your medical records would have to be sent to a doctor in that specialty. That doctor would then tell your lawyer whether your doctor was negligent.

The statute of limitations in Wisconsin for medical malpractice cases is generally three years from the date of injury. It may be difficult to determine the date of injury in your case, so I suggest you contact a lawyer familiar with handling medical malpractice cases as soon as possible.

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Answered on 7/18/07, 5:27 pm


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