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Is radition damage from treatment medical malpractice ?

1 Answers. Asked on May 31st, 2017 on Medical Malpractice - Wisconsin
More details to this question:
My wife was diagnosed with breast cancer,had lumpectomy .The radiologist convinced her radiation was the best way to prevent a return ,during this treatment my wife started having difficulty with balance ,fainting spells,pain .When we told Dr.he said he had never heard of this from other patients ,so in his opinion all was good .After 2 years of extreme medical difficulties (pain,fainting,loss of appetite to near death experiences,memory loss,depression and many more issues all medically documented .After many different doctors and testing a neurologist has concluded that Autonomic Neuoropathy in his opinion is what she has and is a life time debilitating disease likely caused from the radiation.We feel if the radiation oncologist would have heeded the multiple concerns we had from the onset of treatment it would not have progressed to her lifetime medical disease .
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Answered on Jun 08th, 2017 at 2:35 PM

I am sorry what happened to your wife. Medical malpractice cases are very difficult, if not impossible to pursue and win in Wisconsin anymore. There are numerous reasons for why they are so difficult to pursue. I wrote a blog at our law firm's web site under personal injury issues that you can read. As well, the Milwaukee Journal - Sentinel a year or so ago, wrote an excellent article about why pursuing a medical malpractice case is  difficult. If you feel strongly that your wife was harmed, you will need to obtain all of her hospital and medical records and have them reviewed by a malpractice lawyer. If the malpractice lawyer feels you have a case, they will hire an outside medical consultant to review the records to determine if your wife has a viable case. Keep in mind the statute of limitations.  In Wisconsin, you have to file a lawsuit within three years from the date of the occurrence or the claim will be forever barred. 

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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