Reseña de Michael J. Betthauser v. Medical

Michael J. Betthauser v. Medical de Court of Appeals of Wisconsin Resumen del Libro

The issue in this case is whether the statute of limitations in effect at the time of the alleged medical malpractice or a shorter statute of limitations later enacted by the legislature governs this medical malpractice action. The trial court ruled that the latter statute applied and dismissed the plaintiffs' action as untimely. We disagree and, instead, conclude that the statute in effect at the time of the alleged malpractice controls. We reverse the trial court's judgment and remand for further proceedings on the plaintiffs' complaint. 1 Michael Betthauser and his parents, Gene and Mary Betthauser, commenced this medical malpractice action against Dr. Peter Gardetto, the Kurten Clinic, Pamela Kruse, a nurse, and their respective insurers (health care providers). The Betthausers sought to recover damages resulting from an allegedly negligent injection of Bicillin which led to the amputation of Michael's right foot when he was nine months old. The health care providers moved to dismiss the complaint, arguing that the action was time barred by the statute of limitations, sec. 893.56, Stats. That statute, as applicable to this case, required the Betthausers to commence this action prior to Michael attaining ten years of age. The Betthausers opposed the motion to dismiss, arguing that the statute in effect at the time of the alleged malpractice, sec. 893.33, Stats. (1971), applied. That statute allowed the Betthausers until one year after Michael's eighteenth birthday to commence this action. The trial court agreed with the health care providers and dismissed the complaint. The Betthausers appeal.

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