Mortenson v. Miller

The question on review is whether a claim submitted to a chapter 655 patients compensation panel alleging medical malpractice occurring before and after July 24, 1975, the ef fective date of chapter 655, tolls the statute of limitations pursuant to sec. 655.04(6), Stats.

On January 31, 1975, the defendant, Doctor Thomas 0. Miller, operated on Plaintiff Perry J. Mortenson’s knee. The defendant continued to treat the knee until January of 1976, when the plaintiff sought medical treatment from another physician.

On January 30, 1978, the plaintiff filed a “submission of controversy” form which,…