Genrich v. OHIC Insurance Company

769 N.W.2d 481 (2009)

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Genrich v. OHIC Insurance Company

Wisconsin Supreme Court
769 N.W.2d 481 (2009)

JL

Facts

Robert Genrich (plaintiff) had surgery on July 23rd and 24th, 2003 to repair an ulcer. The surgery appeared to be successful, but a sponge had been left inside Robert’s abdomen during the surgery. Robert developed a fever and his white blood cell count became elevated. These symptoms indicated an infection, and the sponge was discovered on August 8, 2003. The sponge was removed through surgery that same day, but Robert did not recover and died on August 11, 2003. Robert’s estate and his wife, Kathy (plaintiff), sued the doctors, support staff, and OHIC Insurance Company (defendants) on August 9, 2006, alleging negligence. OHIC filed a motion for summary judgment, arguing that the statute of limitations for medical negligence had expired before the lawsuit was filed. The trial court granted the motion, and the court of appeals affirmed. Kathy petitioned the Wisconsin Supreme Court for review.

Rule of Law

Issue

Holding and Reasoning (Roggensack, J.)

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