2009AP2965 Pagoudis v. Korkos

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Torts
Medical malpractice; statute of repose; fraudulent concealment

Although a doctor failed to inform a patient that a tumor was cancerous, the five-year statute of repose runs from that date, and not when the patient discovered the failure.

"Unlike the physicians in Halverson, who allegedly had actual knowledge of their negligence and intentionally failed to disclose it during their subsequent contacts with the plaintiff, the facts here, viewed in the light most favorable to Pagoudis, demonstrate that Korkos, like Richland Hospital, did not have the opportunity to conceal his negligence from Pagoudis during the five-year statute of repose. Pagoudis claims Korkos never saw him or communicated with him following the late February visit. Here, Pagoudis has failed to rebut Korkos's defense based on the statute of repose. There simply are no facts to show that Korkos's note concealed the prior negligent omission from Pagoudis. See id. (a fact finder cannot reasonably infer concealment when a defendant has no contact with the plaintiff after alleged negligent act or omission). Moreover, there is no evidence that the note prevented Pagoudis from bringing an action prior to extinguishment of Pagoudis's right to bring a claim in 2005."

Affirmed.

Recommended for publication in the official reports.

2009AP2965 Pagoudis v. Korkos

Dist. II, Waukesha County, Bohren, J., Neubauer, J.

Attorneys: For Appellant: Steinman, Rebecca, Wauwatosa; For Respondent: Larson, Mark E., Milwaukee; Foley, Bradley S., Milwaukee

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