Volk v. McCormick

The plaintiff concedes that in Wisconsin the three-year statute of limitations for personal injuries in medical malpractice commences to run from the date the treatment or service was performed rather than from the date of the discovery of the tort. 2

The statute of limitations in actions for fraud provides for a period of six years after the discovery of the fraud in which to commence the action (sec. 893.19 (7), Stats.).

Because this action was admittedly commenced more than three years after the alleged tortious act, the demurrer should be sustained unless the plaintiff’s complaint states…