Estate of Makos Ex Rel. Makos v. Wisconsin Masons Health Care Fund

*44DONALD W. STEINMETZ, J.

¶1. The issue in this case is whether Wis. Stat. § 893.55(l)(b),1 a statute of repose that bars medical malpractice actions commenced more than five years from the date of the alleged act or omission without regard to the date of discovery, is constitutional. We hold that this statute is unconstitutional beyond a reasonable doubt as applied in this case because it was in violation of procedural due process as guaranteed by the Fourteenth Amendment to the United States Constitution2 and in violation of the right to remedy provision of Article I, § 9 of the Wisconsin…