00-3056 Ocasio v. Froedtert Memorial Lutheran Hospital

Further, plaintiff’s filing of an amended complaint after expiration of the mediation period did not rectify the problem because an action never properly commenced cannot be amended.

“Ocasio contends that the requirement of Wis. Stat. sec. 655.44(5) is merely directory, and, therefore, the circuit court did not lose competency to proceed when her action was prematurely filed before expiration of the mediation period under Wis. Stat. sec. 655.465(7). We disagree. The language of the statute is unambiguous and indicates that expiration of the mediation period is a precondition to the commencement of a medical malpractice action under Chapter 655.”

Judgment dismissing plaintiff’s claim is affirmed.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Malmstadt, J., Curley, J.

Attorneys:

For Appellant: Thomas A. Ogorchock, Milwaukee

For Respondent: Wayne R. Van Ert, Milwaukee; Jennifer A. Slater Carlson, Michael P. Russart, Milwaukee