Legal Question in Medical Malpractice in Wisconsin

how long do i have to wait to sue for medical malpractice


Asked on 8/03/10, 3:41 pm

1 Answer from Attorneys

Michael End End, Hierseman & Crain, LLC

There is no need to wait, although you should be ready to go all the way, with experts retained, when you decide to file a case. The usual time within which a medical malpractice case must be filed is three years from the date of injury, although there are exceptions to that general rule, the most important of which are when the negligent party was an employee of the state of Wisconsin or of a governmental entity. Although the law was changed about six weeks ago, any injury resulting from negligence of a governmental employee required that notice be served within 180 days of the date of injury or of when the injured person reasonably should have known that he or she had been injured. See Wis. Stat. secs. 893.80 and 893.82.

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Answered on 8/08/10, 5:55 pm


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