Legal Question in Medical Malpractice in Wisconsin
Renal Transplant Medication
My husband, a 7 year renal txplant recipient had a great cadaver kidney. July '07 his Dr. took him off cyclosporine, no other drug was substituted, no risk assessment offered, no additional follow-up received. Dec. '07 he is losing function and battling acute antibody mediated rejection. The Dr. and hospital are U of W. state.
2 Answers from Attorneys
Re: Renal Transplant Medication
It is very hard from what you have described to figure out whether any medical malpractice has taken place.
What you need to do, is to obtain the entire medical records (the entire charts including nurses reports and notes) and have them evaluated by an expert to see whether there has been a failure to follow the standard of care.
Without this evaluation, there is no way to know whether you have a case or not.
Once you have obtained the entire medical records, contact my office and we will be able to tell you how to proceed.
I hope this helps,
Taradji Law Offices-
Re: Renal Transplant Medication
I agree with the answer you have already received, except that there is a statute that is important for you and your husband to know about. Wis. Stat. sec. 893.82 provides that no claim of alleged negligence of a state employee may be pursued unless you and your husband serve a notice of claim upon the state attorney general within 180 days after discovery of the injury or the date on which, in the exercise of reasonable diligence, the injury should have been discovered. Such notice must be given exactly as specified in the statute. The statute serves, in essence, as a 180-day statute of limitations. Thus, depending upon the date of discovery, you had better look into the case very quickly so as not to miss the notice required by the statute. Wis. Stat. sec. 893.82 also limits recovery against state employees to $250,000 per claimant.