Eby v. Kozarek

On this appeal under the medical malpractice mediation system, ch. 655, subchapter VI, sec. 655.42 to 655.61, Stats., we decide that failure of a claimant to file a request for mediation within fifteen days after the date of filing an action in court, does not deprive the trial court of its competency to exercise its jurisdiction to proceed with the action. We therefore reverse the order granting the defendants’ motion for summary judgment.

I

BACKGROUND

On September 21, 1987 Robert C. Eby filed a summons and complaint in the circuit court for Dane County alleging that J.P. Kozarek, M.D., and…