(Download) "Dennis J. Halverson v. James J. Tydrich" by Court of Appeals of Wisconsin " Book PDF Kindle ePub Free
eBook details
- Title: Dennis J. Halverson v. James J. Tydrich
- Author : Court of Appeals of Wisconsin
- Release Date : January 29, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Dennis Halverson appeals from a summary judgment dismissing his medical malpractice action against Dr. James Tydrich, Dr.
Milfred Cunningham, Richland Hospital, Inc., and the Wisconsin Patients Compensation Fund. 1 Halverson was born on October
2, 1968. He was last treated by any of the defendants on September 18, 1981, when he was just under thirteen years old. The
trial court ruled that the action was barred by the statute of limitations, secs. 893.55 and 893.56, Stats. 2 We deem the issues to be whether (1) the finder of fact could reasonably infer that the defendants concealed from Halverson
an act or omission by the defendants which resulted in injury to him and (2) secs. 893.55 and 893.56, Stats., are unconstitutional
as applied to Halverson because he was a minor when the alleged malpractice occurred. We conclude that summary judgment dismissing
the complaint was proper only as to the defendant hospital. An issue of fact for trial exists concerning whether Drs. Tydrich
and Cunningham concealed their alleged negligent acts or omissions. The statutes are constitutional as applied to Halverson.
We therefore affirm that part of the judgment dismissing the complaint as to the hospital and reverse that part of the judgment
dismissing the complaint as to the doctors.