Legal Opinion · Dissent

Haferman v. St. Clare Healthcare Foundation, Inc.

Wisconsin Supreme Court

Decided December 30, 2005No. 2003AP1307Published

1DissentDavid T. Prosser, J.

¶ 62. (dissenting). The issue presented in this case is what statute of limitations applies to a developmentally disabled person under the age of 18 who brings an action against a health care provider alleging that the provider's acts or omissions caused the person's developmental disability. The majority concludes that the legislature failed to set out an applicable statute of limitations for this situation. I conclude that a developmentally disabled person must bring his or her action within one of the time limitations under Wis. Stat. § 893.55, or by the time the person reaches the age of…

2Cases cited2 opinions

  1. Aicher Ex Rel. LaBarge v. Wisconsin Patients Compensation FundWisconsin Supreme Court · 2000
  2. Haferman v. St. Clare Healthcare Foundation, Inc.Court of Appeals of Wisconsin · 2004

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