Legal Question in Medical Malpractice in Wisconsin
Misdiagnosed Brain Tumor
Four years ago, my mother went to the doctor for a protrusion on her forehead. The doctor said she had a ''skull knot'' and did a skull x-ray. That was the conclusion they came up with, is that she had a ''skull knot''. What ultimately happened, is four years almost to the date of her having that x-ray, she was diagnosed with a brain tumor that size of an orange. The protrusion in her forehead was actually the brain tumor pushing her skull outwards. The brain surgeon stated that the tumor was in her head at least ten years prior to having it removed, and that the lump in her forehead was a ''key'' indicator that she had a tumor. I am wondering what if any liability the original doctor holds. If anything I want that doctor to know they misdiagnosed my Mother and to ensure he never misdianoses anyone else with the same condition. Another doctor also failed to detect the tumor after a CT scan of the same area in 2003. I am wondering if this case has any merit. It was a benign tumor, but had it been caught four years ago, they could have possibly treated my mother with drugs, and not brain surgery. She had to have a portion of her skull removed, and replaced with a prosthetic piece. Any suggestions?
1 Answer from Attorneys
Re: Misdiagnosed Brain Tumor
The first issue involved with your question relates to the statute of limitations. In Wisconsin, the statute of limitations for a medical malpractice case usually runs three years from the date in which a person is injured by medical negligence. That can be extended if the person first discovers the injury at a later time, but the case must then be filed within one year of the date of discovery, but no more than five years from the negligent act. In my opinion, your mother would probably have until one year from when she learned of the brain tumor to file a case. That time period could be shortened if the negligent interpretation of the x-ray took place almost five years ago.
The other issue relates to whether the failure to properly diagnose the tumor actually caused any injury to your mother. That would depend upon whether she could have avoided the surgery had the diagnosis been correctly made four years ago. A doctor would have to make that determination. If the delay in diagnosis did not make any difference in the outcome or the treatment, then there probably would not be a case that could be pursued because every medical malpractice case must have both negligent care by a health care provider and an injury resulting from that negligent care.
Finally, even if your mother did not suffer an injury because of the missed diagnosis of the tumor, your mother may file a complaint with the Wisconsin Department of Regulation and Licensing about the error of the doctor. The department may investigate the case and may sanction the doctor if the department feels it is warranted. The department has a website from which your mother may download a complaint form, if your mother would like to do that. It would not provide any compensation to your mother, but the doctor would certainly know that he or she had made a mistake that was not trivial.
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