The Wisconsin state Supreme Court has ruled a woman brought a wrongful death lawsuit days too late, even though her husband’s wrongful death was caused by medical malpractice during surgery. Wisconsin’s Supreme Court ruled that the statue of limitations on Kathy Genrich’s wrongful death claim had expired.
Our personal injury attorneys who handle medical malpractice cases know people have a lot of faith in trained medical professionals to cure us when we are unhealthy. But what happens when something goes wrong with how they care for you?
If you have questions or concerns about getting medical treatment for your injuries, take a look at the handy resource page provided by our personal injury lawyers to help you get treatment for any injuries you may have.
Medical malpractice is medical negligence or carelessness by a health care provider in which care provided is not from accepted standards of practice causing personal injury or death to the patient. Over 195,000 people die each year due to medical negligence. That is a wrongful death statistic that must go down.
But when medical malpractice does occur, you had better be sure that you file your claim before the statue of limitations expire.
The statue of limitations is the legal time limit that you have to file a claim. The time limits vary in different states, so it is important to hire a personal injury lawyer right away. You do not want to see your wrongful death lawsuit thrown out before you make an argument.
According to the court’s decision, Robert Genrich had ulcer surgery in July 2003. The doctors left a sponge in him during surgery and he later died of an infection on Aug. 11, 2003. Genrich’s family filed a medical malpractice lawsuit on Aug. 9, 2006, and his wife, Kathy, filed a wrongful death lawsuit the same day.
The hospital’s insurance Company argued such lawsuits must be filed within three years of the personal injury. The Wisconsin Supreme Court agreed, saying the clock to file the lawsuit started ticking when doctors left the sponge in Genrich, not when he died.
As personal injury lawyers, we worry about the potential personal injuries of those that put their trust in the hands of a licensed medical professional. Even though the statute of limitations expired, we still believe that people should be compensated should a doctor’s carelessness cause a wrongful death.
If you can’t trust your doctor to perform the correct procedure then who can you trust?
Please contact us for a FREE CONSULTATION with an experienced wrongful death lawyer – in either English or Spanish — at (800) 655-6585 or click here to submit your case for a Free Review.
About Michael PinesMichael Pines is a former insurance company attorney who specializes in car accident injury. While he was an insurance attorney, he learned from behind the scenes on how insurance companies work and how they decided to pay injured people. Now that he works against insurance companies, Michael's inside knowledge has resulted in significant benefits to his clients injured in car accidents.
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Tags: medical malpractice, Wisconsin Supreme Court, wrongful death lawsuit
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