Malpractice concern

Under Wisconsin Law, there is usually a three year statute of limitations, which requires a case to be settled or a lawsuit to be filed within three years from the date of any alleged negligence. The time period may be extended by one year from the date the injury was or should have been discovered, however, there is a statue of repose in Wisconsin, which generally prevents a lawsuit from being commenced if it is more than five years from the date of the alleged negligent conduct. All of the medical records, from the original surgeon and hospital, from the primary care physician, and from the subsequent surgeon and hospital, would need to be obtained and reviewed by an attorney to determine if there might be a malpractice claim to pursue, and if the statute of limitations time periods are still available in order to pursue the claim. Malpractice claims are very difficult and often very expensive to pursue. Most attorneys handle these types of claims on a contingency fee basis, therefore, attorneys are very selective on which claims they may pursue. Often, in the more difficult or questionable claims in proving negligent conduct, the attorney may ask the client to pay for a medical review of the records to be performed by a physician, in order to obtain a medical opinion as to whether there was negligent conduct by the physician or hospital. It is not unsual that such a review may cost $1,000 or more, therefore, you will need to decide whether you or the relative are willing to make that type of an initial financial investment to obtain all of the medical records and to have the medical review performed.