Legal Question in Medical Malpractice in Wisconsin

Could I still have a case?

In march of 2002 I fell from an xray table after being told by the technician to turn on my back. i injured my back,neck,and my arms. a nerve was pinched in my neck, and after all the treatments,i found out yesterday that the nerve is still pinched. it has caused me alot of pain and discomfort in the past three and a half years. could i possibly still have a case if i am still being treated for the injury at this time?


Asked on 10/03/05, 2:34 pm

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Could I still have a case?

Assuming that you were an adult and in Wisconsin when this injury occurred, there is generally a three year statute of limitations that requires that you either settle your claims or commence a lawsuit within three years from the date of the incident. In that you have described this incident as having occurred more than three years ago, assuming that you were an adult, assuming that this happened in Wisconsin, and assuming that you were aware that you suffered an injury at the time, it is my opinion that the three year statutue of limitations has passed. I would suggest that you obtain another attorney's opinion to confirm his or her independent opinion.

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Answered on 10/03/05, 2:45 pm


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