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UW Madison doctors will face lawsuit over bad back surgery


MADISON, WI (WTAQ) - A state appeals court refused Wednesday to let three doctors avoid a medical malpractice suit, by claiming that the patient’s advance notice of the action was sent to the wrong building within the Justice Department. Melissa Hines filed a claim notice – a precursor to a lawsuit – against UW Hospital doctors Richard Kijowski, Daniel Resnick, and Kirkland Davis in Madison. Hines said the doctors failed to give her successful back surgery, and she needed another operation two weeks later. The doctors said Hines was required to file her claim by certified mail to the attorney general’s office at the State Capitol. But that office does not receive certified mail – and it’s sent instead to the Justice Department’s headquarters at another Madison location. The Fourth District Appellate Court in Madison agreed with a circuit judge that the doctors don’t have a leg to stand on. The appellate judges said quote, “Enforcing literal compliance with a statute when literal compliance is impossible would, of course, be an absurd and unreasonable result.” By the way, the Justice Department represents the doctors – and it’s reviewing the decision to see if it should be appealed to the Supreme Court.