[Download] "Michael J. Betthauser v. Medical" by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free
eBook details
- Title: Michael J. Betthauser v. Medical
- Author : Supreme Court of Wisconsin
- Release Date : January 15, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The Medical Protective Company, et al. (hereinafter referred to as "defendants") seek review of a published opinion of the court of appeals 1 which reversed the judgment of the circuit court for Racine County, Honorable Stephen A. Simanek, Judge. This medical malpractice case, brought by the plaintiffs, Michael Betthauser and his parents (hereinafter referred to as "Betthausers"), was filed on March 23, 1990, and arises out of an injury suffered by Michael in 1972. The circuit court granted the defendants' motion for dismissal on the grounds that sec. 893.56, Stats. 1989-90, 2 which was enacted in 1977, bars the Betthausers' claim. The court of appeals reversed the circuit court on the grounds that sec. 893.33, Stats. 1971-72, 3 which was in place at the time the Betthausers' cause of action accrued but was replaced by sec. 893.56, Stats. in 1977, allows the Betthausers' claim. The issue is which of these two statutes governs this medical malpractice case. Since this case involves the application of various statutes to an undisputed set of facts, the issue is a question of law which this court reviews de novo. State ex rel. Stedman v. Rohner, 149 Wis. 2d 146, 150, 438 N.W.2d 585 (1989).
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