Wisconsin Court: Medical Lawsuits Filed Too Late

The Wisconsin Supreme Court has ruled a woman whose husband died after surgery brought a wrongful death lawsuit days too late.

According to the court’s decision, Robert Genrich of Rio had ulcer surgery in July 2003. The doctors left a sponge in him and he died of infection on Aug. 11, 2003.

Genrich’s estate filed a malpractice suit on Aug. 9, 2006. His wife, Kathy, filed a wrongful death lawsuit the same day.

OHIC Insurance Company argued such lawsuits must be filed within three years of the injury. The Supreme Court agreed, saying the clock started ticking when doctors left the sponge in Genrich, not when he died.

The family’s attorney, Jason Studinski, declined comment through his paralegal.