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PETERSON v. ROLOFF

No. 262.

57 Wis.2d 1 (1973)

203 N.W.2d 699

PETERSON and husband, Appellants, v. ROLOFF and another, coadministrators of the estate of Dr. Frank J. Kritter, Respondents.

Supreme Court of Wisconsin.

Decided January 30, 1973.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by S. A. Schapiro of Milwaukee.

For the respondents there was a brief and oral argument by Irving W. Zirbel of Milwaukee.

WILKIE, J.

One important issue is raised by this appeal: When does a medical malpractice cause of action commence to run?

Under existing Wisconsin law there is no question but what the amended complaint states a cause of action for medical malpractice alleging negligence in the removal of Mrs. Peterson's gallbladder, the failure to remove the cystic duct and the entire gallbladder and the leaving of the foreign substance in her body at the time. The only question...

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