What is the malpractice statute of limitations? 2 Answers as of January 15, 2016

I have read 3 years and I have also read up to 5 years. Which is correct? I have a possible malpractice case of breast cancer and additional metastasis to sternum. I presented to OBGYN with family history of breast cancer (mother and grandmother) and a lump in right breast. He told me it was probably just trapped breast milk (even though I had my daughter a year prior and did not breast feed he said it was probably still just that). I told him the area was tender and he dismissed it all and said "breast cancer doesn't hurt so it’s not cancer". He did not order a mammogram because I was younger than 40 (I was 35 at the time). I had known the doctor for years as he delivered both of my children and he worked in my building in the suite next door so I trusted his medical advice that it was nothing and did not seek out a second opinion. A year went by and I was at my family doctor for an unrelated issue. I casually mentioned it to her. She immediately ordered testing and it turned out to be cancer that had already grown fairly large and spread into 11 lymph nodes. After a ton of chemo and radiation the cancer came back in my sternum and I went thru more treatment. I sought out legal advice and the attorney requested my medical records from the doctor. I have no doubt in my mind the doctor added "told patient to return in a month for a recheck" to my medical record for that visit to cover himself when he realized it was an attorney requesting the records. So now it looks like I am the one that failed to follow up. I am the one that was concerned in the first place and sought out medical advice so trust me if he said come back in a month I would have come back in a month. Is my case a lost cause because of this?

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End, Hierseman & Crain, LLC | J. Michael End
The Wisconsin statute of limitations for medical malpractice cases is three years from the "date of injury". If it can be proven that there was a continuum of negligent care, the three years runs from the last negligent act of such a continuum. If the patient discovers the fact of causal negligence at a late date, the patient has one year from the date of discovery but no more than five years from the negligent act.
Answer Applies to: Wisconsin
Replied: 1/15/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Not necessarily a lost cause, but the defense that the patient did not look after herself is a frequent one now a days. The statutes of limitation differ from state to state. In Wisconsin it is three years from the negligent act, or from the date when a reasonably prudent person should have discovered that t negligence occurred. Locate a skilled personal injury lawyer. Good Luck
Answer Applies to: Wisconsin
Replied: 1/15/2016
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