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If I want to file a claim, and medical battery and medical malpractice (negligence) occur from the same act or omission, do I...

Wisconsin Rapids, WI |

If I want to file a claim, and medical battery and medical malpractice (negligence) occur from the same act or omission, do I have to file before the medical malpractice statute of limitations?

Attorney Answers 2

Posted

You need to talk to a lawyer about this. Medical malpractice claims require expert legal representation. Medical battery claims are few and far between and are not covered by insurance. A decision must be made based on facts and the law of your state whether there is a valid basis for any sort of claim at all, and if so, what claim to file. Since you have provided no facts in your question, I can offer no further information.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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Asker

Posted

I already know I have a valid basis and I am aware of all the statutes and case law. Instead of looking at the "what if's," it would be nice if you would reply to the question asked, that is: If I want to file a claim, and medical battery and medical malpractice (negligence) occur from the same act or omission, do I have to file before the medical malpractice statute of limitations? Battery in Wisconsin uses the discovery rule. The plaintiff has 3 years from the date of discovery of the injury and identity of the tortfeasor to file a claim. Basically what I am asking is, is the malpractice statute of limitation extended if the malpractice actually stemmed from a medical battery.

Posted

I agree with Mr. Brophy with respect to your question. Other than telling you to consult with a medical malpractice attorney, the advice that I can give you is limited because there are no facts about the case posted. I hope you find my answer helpful.

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Asker

Posted

I already know I have a valid basis and I am aware of all the statutes and case law. I am not here to list "facts" about the situation. Instead of looking at the "what if's," it would be nice if you would reply to the question asked, that is: If I want to file a claim, and medical battery and medical malpractice (negligence) occur from the same act or omission, do I have to file before the medical malpractice statute of limitations? Battery in Wisconsin uses the discovery rule. The plaintiff has 3 years from the date of discovery of the injury and identity of the tortfeasor to file a claim. Basically what I am asking is, is the malpractice statute of limitation extended if the malpractice actually stemmed from a medical battery.

Martin Paul Weniz

Martin Paul Weniz

Posted

To preserve all of your claims, I would certainly file before the expiration of the first statute of limitations.

Asker

Posted

Thank you.

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