Landis v. Physicians Insurance Co. of Wisconsin, Inc.

¶ 1. Luther Hospital 2 appeals an order denying as untimely its motion to dismiss the medical malpractice claim brought by Phyllis Landis individually and as personal representative of the estate of Edward Landis. Edward died as a result of alleged medical malpractice. Phyllis, his surviving spouse, requested mediation pursuant to Wis. Stat. § 655.44 3 within five years of Edward's death, but commenced this action more than five years after his death. The ultimate issue is whether Phyllis's action was timely filed. We conclude that it was not. Medical malpractice actions are subject to a…