Time-barred – Malpractice Claim

By: Derek Hawkins//November 21, 2021//

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WI Court of Appeals – District II

Case Name: Brandon Winzer v. Dr. Hartmann, et al.,

Case No.: 2019AP1540

Officials: Gundrum, P.J., Neubauer and Reilly, JJ.

Focus: Time-barred – Malpractice Claim

Brandon Winzer appeals from a circuit court order dismissing his medical malpractice claim against Dr. Hartmann and Mercy Medical Center (Mercy) as time-barred under the applicable statute of limitations, WIS. STAT. § 893.55(1m)(2019-20). Winzer argues that the court erred in concluding that his claim was filed more than three years after the injury. We agree with Winzer that the motion to dismiss was erroneously granted, as the allegations of the complaint do not establish that Winzer’s claim is time-barred as a matter of law. We reverse and remand to the circuit court for further proceedings.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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