Do I have a chance in small claims court for expenses?

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Do I have a chance in small claims court for expenses?

I was given a medication in April 2015, got sick on it and called the clinic and was prescribed a different med. In November 2015 I was prescribed the same med and had to be hospitalized for sickness and heart attack symptoms. Now the hospital wants payment and so does the ambulance. I believe the clinic should be responsible for this.

Asked on March 28, 2016 under Malpractice Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The big problem is that for a malpractice suit, even if you felt compentent to represent yourself "pro se" without an attorney, you *must* have a medical expert (they are required for medical malpractice suits), and medical experts can lost a lot of money--typically, at least $1,200 or $1,500 at a minimum, and frequently more. You could spend more on the lawsuit than the amount of the bill you hope to recover.


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