Court: Ex-Patient Can Sue Wisconsin Doctor for Negligence

April 19, 2013

A Wisconsin appeals court says a former patient involved in a business dispute with his psychiatrist can pursue claims that the doctor acted negligently.

Mark Carstensen was treated by Dr. Daniel Goeckner for psychological issues from 1999 to 2003. The men – both from Milwaukee – became business partners during that time.

Goeckner sued Carstensen in 2007 for breach of contract, among other things, after the partnership went sour. Carstensen then sued the doctor for professional negligence.

A judge dismissed Carstensen’s claim after Goeckner said a three-year statute of limitations protected him.

But the 2nd District Court of Appeals disagreed, noting Carstensen kept receiving treatment until 2005. It sent the case back to the trial court for more proceedings.

Goeckner’s attorney did not immediately return a phone message.

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