A recent situation that arose in Wisconsin serves as a reminder of the importance of understanding what the medical malpractice statute of limitations is in your state, and how it works.
Kathy Genrich, whose husband died on August 11, 2003 from an infection after doctors left a surgical sponge inside his body during ulcer surgery, waited until August 9, 2006 to file her wrongful death lawsuit.
The Wisconsin Supreme Court dismissed her claim because the statute of limitations in that state says that the suit must be filed within 3 years from the incident. Although it appeared that there were still a few days to spare within the three year mark, Genrich’s case didn’t stand because the law says that the statute begins at the time of the injury, not the time of the death.
Robert Genrich’s surgery took place in July 2003, which is when the sponge was left behind and the subsequent clock started ticking. His wife was merely days too late.
Each state has their own laws and medical malpractice statutes of limitations may range anywhere from two to seven years. If you have been a victim of a doctor’s negligence, time is of the essence so speak to a medical attorney right away, before it’s too late for you too.
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