Legal Question in Medical Malpractice in Wisconsin

Re: misdiagnosis

Whether you may have a case that can be successfully pursued will depend upon the facts regarding the emergency room visit. Doctors and nurses do not always accurately write down what takes place at a medical encounter, so the emergency room records will be extremely important in determining whether, or not, you might be able to win a case. I think that you should get copies of ALL of the records regarding that emergency room visit and the subsequent care your daughter received. If an autopsy was performed, the autopsy report will also be important. A lawyer can look at the records and get a sense as to whether you might have a case that can be successfully pursued. The hospital must provide you with copies of the records, but the hospital is allowed to charge you a copying fee. You will have to fill out and sign a medical authorization in order to get copies of the records. There is a standard line on the authorization that asks the reason for your request for the records. Just say that you want the copies for personal reasons. Be sure to get all of the records, since only getting part of them will not tell the entire story.

You will have until three years from the death of your daughter in which to file a lawsuit. If three years pass and no suit has been filed, you will not be able to file the case.

The maximum recovery for the loss of society and companionship of a child is $500,000 in Wisconsin. If warranted, your daughter's estate might also be able to bring a claim for the pain and suffering of your daughter resulting from the negligence of the emergency room doctor, assuming there was such negligence.