Estate of Kohls

The only issue on this appeal is whether the three-year statute of limitations 1 or the six-year statute of limitations 2 applies.

Appellant Donald Kohls concedes that, under the construction given the statutes involved by this court, the three-year statute of limitations applies. While a malpractice action can be brought either in tort or in contract, 3 it is an action to recover damages for injuries to the person. The word “action” as used in the three-year statute of limitations “. . . has reference to the subject matter or nature thereof, not to its form as a matter of remedial procedure.…