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Do I need a lawyer for doctor negligence?

Hayward, WI |

3 years ago I needed to see a doctor for my asthma (the only over the counter med. was taken off the shelves) I asked him about a sore that was above my left eye, and he said not to worry. I saw him two more times in 1 and a half years and each time I asked him about the recurring sore. Each time he said not to worry about it, even using what looked like a black light on it. He assured me it was not cancer. I went to this clinic because my insurance ran out, and they offered a sliding fee scale to pay. 2mos later, with new insurance, I went to my regular doctor for a checkup. My doctor noticed the sore and was concerned that it was squamous cell and ordered a biopsy. It was positive. For almost 3years, this grew very large and the resulting surgery was painful. More details, no space...

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Attorney answers 6


yes, get an attorney to review the case.

In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.


Consult with a medical malpractice lawyer immediately. Don't go it alone. Be aware that Wisconsin has a statute of limitations for medical malpractice cases. If the case is not filed in time, your claims could be barred. So, consult with a local medical malpractice lawyer immediately so that you can determine the statute of limitations and for help in evaluating your case. Good luck.


The time to file a claim with the court is very short in WI. You should consult with a WI medical negligence attorney immediately. I believe the statute is 3 years from the date of the negligence or one year from the date the negligence was reasonably discovered whatever is longer. YOu do not have any time to delay.
You may have a claim for failing to timely diagnose your condition. A lawyer interested in investigating the claim will gather your medical records and have them reviewed by a medical expert who will be asked to determine if the care you received fell below the standard of care and if so, whether the delay made a difference in your condition/outcome.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

Philip Anthony Fabiano

Philip Anthony Fabiano


Paul Scoptur in Milwaukee could direct you to someone who can help.


You better hurry so you don't blow the statute.


A Wisconsin attorney will need to give you advice regarding your deadline to file suit and whether it's passed. On the medicine: if your overall prognosis is not terminal, and hopefully it isn't, then you probably wouldn't have a viable medical negligence case. Why? The treatment you received (surgical removal of the lesion) wasn't very much different from what you would have received even with prompt recognition of the cancer many months or even years ago. Maybe the surgery was a little more extensive, maybe the recovery a few days longer. But the difference would be negligible in terms of "burden of proof" and "damages" in a lawsuit. However, if your overall prognosis is less than 50% surgical rate because of the delay in diagnosis and treatment...then the delay has caused a demonstrably different damage to you, obviously.


I fear that one of the difficulties you will face is the lack of documentation by the provider who missed it. I agree that you should talk to a local lawyer and make sure that you get follow up treatment.

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