Legal Question in Medical Malpractice in Wisconsin

Re: Withholding information

The basic elements of a cause of action for medical malpractice are that it can be proved that a doctor was negligent in his or her care of a patient and that the negligence caused injury to the patient. In my opinion, the only way there could be a viable medical malpractice claim would be if the failure of the doctor to inform your wife of the lesion on her lung resulted in some injury that would have been avoided if the doctor had informed your wife. In other words, could something have been done with the lesion that would have avoided the pneumonia? The other consideration is the potential recovery if there was an injury that resulted from the failure to inform your wife. Medical malpractice cases are almost always defended to the death by the insurers for the doctors. The cases take hundreds of hours of attorney time and, almost always, tens of thousands of dollars to pursue. Even the cases that are pursued have a very poor success rate. Thus, it may be difficult for your wife to find a lawyer willing to take the case, even with negligence and a resulting injury.