Wisconsin Supreme Court

Joseph J. Paul, Judith E. Paul, and the Estate of Jennifer Jo Paul, Plaintiffs-Appellants-Petitioners v. Frederick…

May 3, 2001242 Wis. 2d 507

Summary

The court held that a medical-malpractice claim based on an alleged misdiagnosis accrues when the misdiagnosis causes an actionable injury, not when the misdiagnosis itself occurs. Because the actionable injury occurred in May 1995, when Jennifer Paul's AVM ruptured or became untreatable, the complaint filed in March 1998 was timely and summary judgment for the defendants was improper.