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GROOM v. PROFESSIONALS INS. CO.

No. 92-1043.

179 Wis.2d 241 (1993)

507 N.W.2d 121

Rosella M. GROOM, Individually and as Special Administrator of the Estate of Donald F. Groom, Plaintiff-Appellant, v. The PROFESSIONALS INSURANCE Co., a foreign insurance corporation, The Medical Protective Co., a foreign insurance corporation, Defendants-Respondents, Wayne E. MUSSER, Jr., M.D., Defendant, Phillip E. NEWMAN, M.D., Defendant-Respondent, WISCONSIN HOSPITAL ASSOCIATION OPTIONAL SEGREGATED ACCOUNT, MERITER HOSPITAL, INC., f/n/a Madison General Hospital Association, a Wisconsin Corporation, ABC Insurance Co., the fictitious name of an unknown insurance corporation, Defendants, PHYSICIANS PLUS MEDICAL GROUP, S.C., d/b/a Quisling Clinic, S.C., a Wisconsin Service Corporation, Wisconsin Patients Compensation Fund, Defendants-Respondents, PHYSICIANS PLUS INSURANCE CORPORATION, a Wisconsin health maintenance organization, Defendant.

Court of Appeals of Wisconsin.

Decided September 9, 1993.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Raymond E. Schrank, II and Jeffrey R. Munson of Cannon & Dunphy, S.C. of Milwaukee.

For the defendants-respondents, Phillip Newman, M.D., The Professionals Insurance Company, and Wisconsin Patients Compensation Fund, the cause was submitted on the brief of Bradway A. Liddle, Jr. and Catherine M. Rottier of Boardman, Suhr, Curry & Field of Madison.

For the defendants-respondents, Physicians Plus Medical Group, S.C. d/b/a Quisling Clinic, S.C. and Medical Protective Company, the cause was submitted on the brief of Thomas H. Koch of Hinshaw & Culbertson of Milwaukee.

Before Gartzke, P.J., Dykman and Sundby, JJ.

GARTZKE, P.J.

Rosella Groom brought a medical malpractice action against Dr. Wayne Musser for having negligently caused the death of her husband, Donald. She later amended her complaint to add Dr. Phillip Newman and Physicians Plus Medical Group, S.C., as defendants.1 The trial court dismissed her amended complaint and she appeals from that order. The issues are (1) whether the medical malpractice statute of limitations, sec. 893.55, Stats...

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