McCluskey v. Thranow

1. Is the period of limitations tolled until such time that the malpractice is discovered?

Under sec. 330.205, Stats., 1 the statute of limitations applicable to personal injuries, an action must be brought within three years, except for those instances where a notice of injury was served prior to July 1,1959. In those cases the six-year limitation of sec. 330.19 (5), Stats. 1955, applies. Since no notice of injury was served, the action in the usual course of events was barred three years after the surgery that took place on May 1, 1956. The plaintiff contends, however, that in a malpractice…