> Discuss Your Legal Issue > Ask a Lawyer > Medical Malpractice > Do I have a claim? I had pacemaker surgery June 2014 , during the surgery my brachial plexus nerve was severly damaged, and my lung was punctured,

Do I have a claim? I had pacemaker surgery June 2014 , during the surgery my brachial plexus nerve was severly damaged, and my lung was punctured,

1 Answers. Asked on Mar 27th, 2017 on Medical Malpractice - Wisconsin
More details to this question:
I have sever permanaent nerve damage to my left arm, constant pain, and am seen by a neurologist and am managed in a pain clinic, acupuncture, nerve blocks, pain creams are my new life. I am 60 and cannot imagine affording all this medical care in retirement
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Answered on Apr 22nd, 2017 at 7:53 AM

You will need to gather up a complete copy of all your medical/hospital records to determine if you have a case. You need to have them promptly reviewed by a medical malpractice attorney. If they think there is something there, they will hire an outside medical expert in the field of specialty of your claim to review the records to determine if you have  viable claim. Time is of the essence as there is a THREE (3) year statute of limitations in Wisconsin for suing for medical malpracatice from the date of the occurrrence. You indicate the surgery was in June 2014, and while you do not offer a specific date, the statute of limitations runs in June 2017, from the date of the original surgery. Failure to file a lawsuit by that date, will forever bar your claim. Medical malpractice cases remain difficult to pursue in Wisconsin. I wrote a blog at our web site under personal injury issues that explains the difficulties. The Milwaukee Journal-Sentinel did an excellent article about how tough it is as well in either 2015 or 2016 that you can google and read. The long and short of it is that 9/10 cases are lost at trial to a defense verdict in favor of the doctor or hospital. Juries don't like to find doctors negligent. They are very difficult cases to pursue.

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800

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Medical Malpractice
Have you been injured as a result of a doctor, nurse or other healthcare provider's mistake, misdiagnosis or professional negligence? If so, you may be entitled to compensation for your injuries under your state's medical malpractice and personal injury laws. Medical malpractice claims can arise from a doctor's failure to diagnose a health condition, misdiagnosis, medication error, negligent behavior or mistake during childbirth that causes birth defects. Medical malpractice attorneys can review your medical records and help determine whether your have grounds for a lawsuit. If appropriate, your lawyers can file a lawsuit, attempt to negotiate a settlement on your behalf and represent you during trial, if a settlement can't be reached.
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