Wisconsin Patients Compensation Fund v. Wisconsin Health Care Liability Insurance Plan

This case is before the court on appeal from an order of the Circuit Court for Milwaukee County, Frank T. Crivello, judge, granting summary judgment to the defendant, the Wisconsin Health Care Liability Insurance Plan (WHCLIP), and dismissing the complaint of the Wisconsin Patients Compensation Fund (the Fund). The court granted the Fund's petition to bypass the court of appeals. Wis. Stat. § (Rule) 809.60(4) (1993-94). We reverse the order granting summary judgment in favor of WHCLIP and remand the cause to the circuit court.

The primary issue presented is the Fund's authority to sue a health…