I more than suspect my 2.5 year old child is disabled because of birth trauma and medical negligence. I wish to request the medical records to investigate them, but I want to get the right medical records the first time. Would it hurt any potential claim if I requested these medical records without an attorney?
You need to make a request for the complete records for your child's birth which would both prenatal, birth and all treatment records to the present.
Becuase the statute of limitations for filing a medical malpractice claim is 3 years, you probably should immediately consult with a medical malpractice attorney because the deadline for filing is approaching based on the limited information you have provided.
You will need to request the complete medical/hospital records/files for your child as soon as possible. As the other attorney pointed out, the statute of limitations is three years from the date of the alleged malpractice to commence a lawsuit in the state of Wisconsin or else the claim may be forever barred. While there is an excpetion under the "discovery rule," you don't want to run the risk of filing the lawsuit after the three years and finding the case tossed out by the trial judge on a summary judgment motion brought by defense counsel, which they most assuredly will. Look for a medical malpractice attorney that you feel comfortable with to meet with you and discuss whether they believe you have a viable claim as time is of the essence. ASAP! good luck.
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