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BETTHAUSER v. MEDICAL PROTECTIVE CO.

No. 90-2687.

164 Wis.2d 343 (1991)

474 N.W.2d 783

Michael J. BETTHAUSER, Gene Betthauser and Mary Betthauser, Plaintiffs-Appellants, v. THE MEDICAL PROTECTIVE COMPANY, a foreign corporation, St. Paul Fire & Marine Insurance Company, a foreign corporation, Pamela Kruse, a/k/a Pamela Eickhorst, Peter A. Gardetto and The Kurten Medical Group, a/k/a The Kurten Clinic, a partnership of the following persons, Peter A. Gardetto, Donald R. Burke, Donald F. Cohill, H.E. De Groot, Joseph C. Fralich, John W. Foreman, Howard Gass, William C. Harris, K.H. Kolmeier, William. J. Madden, Richard Minton, Charles H. Patton and Stanley M. Englander, Defendants-Respondents, v. WISCONSIN PHYSICIANS SERVICE INSURANCE CORP., a Wisconsin corporation, and Continental Casualty Company, a foreign corporation, Involuntary-Plaintiffs.

Court of Appeals of Wisconsin.

Decided August 21, 1991.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of W. T. Curran and John R. Orton of Curran, Hollenbeck & Orton, S.C. of Mauston.

On behalf of the defendants-respondents, the cause was submitted on the brief of Paul R. Erickson and Colleen M. Fleming of Gutglass, Erickson & Bonville, S.C. of Milwaukee.

Before Nettesheim, P.J., Scott and Anderson, JJ.

NETTESHEIM, P.J.

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...

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