00-3160 Mains, et al. v. St. Mary's Hospital of Superior, et al.

By: dmc-admin//December 3, 2001//

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Alan Mains and Wisconsin Medical Assistance (“Mains”) appeal from orders granting the motions of St. Mary’s Hospital of Superior, Joseph Richards, M.D. and Roberta DeMoure (collectively “the hospital”) to dismiss a medical malpractice claim that Mains filed against them. Mains argues that: (1) the circuit court erroneously exercised its discretion by dismissing his claim for failing to request mediation pursuant to Wis. Stat. sec. 655.445; and (2) Section 655.445 is unconstitutional as applied to this matter.

We reject these arguments and affirm the orders.

This opinion will not be published.

Dist III, Douglas County, McDonald, J., Per Curiam

Attorneys:

For Appellant: Michael R. Inglimo, Superior

For Respondent: Kay N. Hunt, Minneapolis, MN; John R. McBride, Minneapolis; J. Drew Ryberg, Eau Claire; Michael J. Happe, Eau Claire

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