Botched surgery was not advised. Medical records incorrect & x-rays destroyed before Wisconsin's 5 year required time. Help

Husband had a botched surgery, x-rays talked about during surgery & at follow-up are gone. Failure of hardware implanted 4 years 8 months. New surgeons didn't understand what happened during botched surgery. Medical records are extremely vague & incorrect, x-ray gone (WI's law says must keep for 5 years). The hospital failed on 3 occasions to explain, compensate & apologize. What can I do? Lawyers say time limit - hard to prove I didn't know. Hospital won't be honest or help. Live with a broken peice of hardware against a nerve & vein... was told if in accident can bleed out or be paralized. HELP!

Sauk City, WI -

Attorney Answers (2)

Maxwell Charles Livingston

Maxwell Charles Livingston

Contracts / Agreements Lawyer - Brookfield, WI
Answered

I'm sorry you've suffered this circumstance. This case seems difficult to prove, however I'd be willing to take a shot at it if you sent me an email.

Joseph Jonathan Brophy

Joseph Jonathan Brophy

Medical Malpractice Attorney - White Plains, NY
Answered

Apparently you have already spoken to some lawyers and they have told you the case looks very tough, maybe impossible to prove. Medical malpractice cases require proof of substandard care causing an injury. There is an injury, but the other pieces of the puzzle seem to be missing. In certain very limited circumstances, failure to maintain records can work against a defendnat, but there has to be some proof of fault independent of the records before that rule applies. The best advice I can give your husband is to try to find good medical help for the broken hardware. I am not giving medical advice, but If the old broken hardware is removed, that could provide some clues as to what went wrong. Make sure the removed hardware is not discarded or the problems of proof will just get worse.

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