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OCASIO v. FROEDTERT MEMORIAL LUTHERAN HOSPITAL

No. 00-3056.

248 Wis.2d 932 (2001)

2001 WI App 264

637 N.W.2d 459

Jeanette OCASIO, Plaintiff-Appellant, v. FROEDTERT MEMORIAL LUTHERAN HOSPITAL, Defendant-Respondent, Michael KEFER, M.D., Defendant, ABC INSURANCE, DEF Insurance, GHI Insurance, JKL Insurance, and Wisconsin Patients Compensation Fund, Defendants-Respondents, MEDICAL COLLEGE OF WISCONSIN and Gary L. Swart, M.D., Defendants.

Court of Appeals of Wisconsin.

Decided October 16, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Thomas A. Ogorchok of Miller & Ogorchock, S.C., of Milwaukee.

On behalf of the defendants-respondents Froedtert Memorial Lutheran Hospital and Wisconsin Patients Compensation Fund (as its interests relate to Froedtert Memorial Lutheran Hospital), the cause was submitted on the brief of Wayne Van Ert and Jennifer A. Slater Carlson of Otjen, Van Ert, Lieb & Weir, S.C., of Milwaukee.

Before Wedemeyer, P.J., Fine and Curley, JJ.

¶ 1. CURLEY, J.

Jeanette Ocasio appeals from the circuit court's judgment dismissing her medical malpractice action. Ocasio argues that the trial court erred in its ruling dismissing her action because: (1) the requirement in WIS. STAT. § 655.44(5) (1999-2000)1 that the mediation period expire before filing a medical malpractice action is merely directory; (2) that any problem with her premature filing was rectified because her...

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