Legal Opinion
Peterson v. Roloff
Wisconsin Supreme Court
Decided January 30, 1973No. 262PublishedCited by 44 opinions
1Opinion of the CourtWilkie, J.
One important issue is raised by this appeal: When does a medical malpractice cause of action commence to run ?
Under existing Wisconsin law there is no question but what the amended complaint states a cause of action for medical malpractice alleging negligence in the removal of Mrs. Peterson’s gallbladder, the failure to remove the cystic duct and the entire gallbladder and the leaving of the foreign substance in her body at the time. The only question is: Did that cause of action ripen at the moment the negligent surgery was performed in 1954 ? Or in 1971, at the time Mrs. Peterson…
2Cases cited21 opinions
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Chrischilles v. GriswoldSupreme Court of Iowa · 1967
- City of Miami v. BrooksSupreme Court of Florida · 1954
- Hatsumi Yoshizaki v. Hilo HospitalHawaii Supreme Court · 1967
- Johnson v. CaldwellMichigan Supreme Court · 1963
16 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Hansen v. AH Robins, Inc.Wisconsin Supreme Court · 1983
- Paul v. SkempWisconsin Supreme Court · 2001
- Kallas Millwork Corp. v. Square D Co.Wisconsin Supreme Court · 1975
- Aicher Ex Rel. LaBarge v. Wisconsin Patients Compensation FundWisconsin Supreme Court · 2000
- James Leroy Jackson v. Johns-Manville Sales Corporation and Raybestos-Manhattan, Inc., DefendantsCourt of Appeals for the Fifth Circuit · 1984
39 more not listed; retrieve them via the Exa API.