Eby v. Kozarek

Defendants J.P. Kozarek, M.D., and Madison Radiologists, S.C., seek review of a court of appeals' decision which held that in a medical malpractice action the requirement in the statutes to request mediation within 15 days of filing an action is not mandatory. We conclude that the statutory requirement is mandatory with respect to the requirement to file a request for mediation but directory with respect to the time limitation within which the request is filed. Therefore the failure to request mediation within 15 days of filing an action does not mandate dismissal. Accordingly, we affirm the…