Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Medical Malpractice > i had the mirena put in in 2011 and a month after my doctor said it fell out. found out last week its up in my pelvis and has to be surgically removed

i had the mirena put in in 2011 and a month after my doctor said it fell out. found out last week its up in my pelvis and has to be surgically removed

1 Answers. Asked on Apr 18th, 2017 on Medical Malpractice - Wisconsin
More details to this question:
I had it put in at my 6 week check up after having my daughter. about a month after having it put in i was still bleeding heavily and in pain. so she did a dnc and she said after that the mirena had fallen out its not in me anymore. I kept asking to check because i still had pain and i never seen or felt it come out. she refused to said its not necessary. Now i have to have surgery next month to have it removed 6 years later. in the mean time i have also had issues with cervical cancer. What can i do?
Answers Showing 1 out of 1
Answered on Apr 22nd, 2017 at 7:45 AM

The statute of limitations in Wisconsin for medical malpractice is three years to sue from the date of the occurrence. Failure to file a lawsuit within three years would forever bar your claim. there is an exception to this called the "discovery rule." You would have one year to file a lawsuit from the date you "discovered" a mistake was made, but there is an overall cap of 5 years from the date of the occurrence. From 2011 to 2017, I would say arguably you are well past any statute of limitations or discovery time lines. It is impossible to tell from your post if you even have a viable medical malpractice case. What I can tell you is that even if you were within the statutory time lines, medical  malpractice cases are exceedingly difficult to pursue and win in Wisconsin. 9/10 cases are lost at trial to a defense verdict in favor of the doctors. Plain and simple; juries do not like to find fault against hosptials and doctors. I wrote a blog at our web site last year under personal injury topics that explains the great difficulty of pursuing medical malpractice cases in Wisconsin. The Milwaukee Journal-Sentinel also did an excellent article on the same topic in either 2015 or 2016 that you can google for your own information. I am sorry to hear you have cervical cancer and my prayers and thoughts are with you for your good health.

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

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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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