Can I file a counter claim and move a case from small claims to civil court?

[AMBrewer]

Jurisdiction

Wisconsin

Husband went in to a medical facility for a common procedure and received injuries due to gross negligence of the support staff involved. The injury resulted in husband requiring services from the facility. They billed us for services which we refused to pay because the gross negligence was the reason he needed those services. Long story short, they filed a small claims action...I believe they did so to preclude us from being able to seek judgment in civil court.

 

[mightymoose]

Before you do anything else, consider visiting an attorney who handles medical/malpractice matters and get an idea of whether you have a legitimate claim and which way to proceed.
Don't try and take on a hospital on your own.

 

[AMBrewer]

Before you do anything else, consider visiting an attorney who handles medical/malpractice matters and get an idea of whether you have a legitimate claim and which way to proceed.
Don't try and take on a hospital on your own.

We've talked to a few lawyers...all said we have a case but a complicated one due to being misdiagnosed in regards to the injury that occurred. Husband couldn't walk the following morning after the procedure, they called it gout for 8 weeks, blood tests showed no gout could have existed...mri showed damage consistent with the incident that occurred...injury, misdiagnosed, the attending staff failed to acknowledge the incident. Can we force a change to Civil court because our damages exceed 10,000?

 

[mightymoose]

Yes, your counterclaim should cause the matter to be moved.
It could also be handled separately though.

 

[army judge]

Long story short, they filed a small claims action...I believe they did so to preclude us from being able to seek judgment in civil court.

You can defend the existing case in small claims court.

Your defense in small claims has nothing to do with a suit you file later in a higher court, or one an attorney files on your behalf for medical malpractice.

Your belief in the damages done to your spouse has nothing to do with the issue of payments you allegedly owe today.

However, the fact that he returned to be treated for his alleged injuries to the place that allegedly injured him might harm your future ability to sustain your claim.

That has nothing to do with the debt which the facility believes you owe from the return visit.

Depending on how much the facility believes you owe, it could be better to pay the debt to avoid the current small claims case which could harm your FICO scores.

You can always get the amount in dispute ack if you recover substantial damages because of medical malpractice.

Your husband needs to be more aggressive with his search for a lawyer regarding the damages he sustained because of the facilities actions subsequent to the surgery.

A lawyer is out there, he just has to find her/him.

 

[zddoodah]

they filed a small claims action...I believe they did so to preclude us from being able to seek judgment in civil court.

That doesn't make any sense (including that I'm not sure why you apparently think small claims court isn't "civil court").

Can we force a change to Civil court because our damages exceed 10,000?

Yes. Your husband will need to retain legal counsel.

 

[AMBrewer]

That doesn't make any sense (including that I'm not sure why you apparently think small claims court isn't "civil court").



Yes. Your husband will need to retain legal counsel.

The Judge Adjourned the case to a later date because if he gives a ruling in small claims we are precluded from pursuing a civil action.

 

[army judge]

The Judge Adjourned the case to a later date because if he gives a ruling in small claims we are precluded from pursuing a civil action.

How much money is in dispute?