Haferman v. St. Clare Healthcare Foundation, Inc.
Haferman v. St. Clare Healthcare Foundation, Inc.
Opinion of the Court
¶ 1. Dr. Donald W Vangor and his insurance carrier, Physicians Insurance Company of Wisconsin (collectively Vangor), appeal a non-final order denying Vangor's motion for summary judgment in this medical malpractice action. Vangor argues the circuit court erred by concluding that Wis. Stat.
FACTS
¶ 2. The facts necessary to this appeal are few and undisputed. Toby Jr. was born on February 10, 1991, and is developmentally disabled.
¶ 3. On September 4, 2002, the Hafermans sued Vangor, St. Clare, the Wisconsin Hospital Association and the Wisconsin Patients Compensation Fund for negligence. Vangor moved for summary judgment, arguing that the Hafermans' claim was barred by the statute of limitations; St. Clare filed a similar motion.
¶ 4. The circuit court denied Vangor's summary judgment motion. The circuit court concluded the Ha-fermans' claims were governed by Wis. Stat. § 893.16 and the lawsuit was timely filed pursuant to that statute. Vangor filed a petition for leave to appeal this nonfinal order, which we granted.
DISCUSSION
¶ 5. We review a circuit court's grant or denial of summary judgment de novo, owing no deference to the circuit court's decision. Selzer v. Brunsell Bros., Ltd., 2002 WI App 232, ¶ 10, 257 Wis. 2d 809, 652 N.W.2d 806. Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Id.; see also Wis. Stat. § 802.08(2). We will reverse a decision granting summary judgment if either (1) the circuit court incorrectly decided legal issues or (2) material facts are in dispute. Selzer, 257 Wis. 2d 809, ¶ 10.
¶ 6. The sole issue before us is which statute of limitation applies to Toby Jr.'s medical malpractice claim. This issue raises a question of statutory interpretation we also review de novo. State v. Sveum, 2002
¶ 7. Here, the circuit court concluded the Hafer-mans' claims were governed by Wis. Stat. § 893.16, applying the rationale expressed by a federal district court construing Wis. Stat. § 893.18
¶ 8. Vangor argues that Wis. Stat. § 893.16 does not apply to a minor's action against a health care provider, § 893.16 does not apply to a minor with developmental disabilities and § 893.16 does not apply where a plaintiff alleges a disability caused by the defendant's negligence. We conclude that a plain reading of the unambiguous language of § 893.16 establishes that § 893.16 does not apply to the Hafermans' claim.
¶ 9. Wisconsin Stat. § 893.16 generally tolls statutes of limitation for persons under a disability:
(1) If a person entitled to bring an action is, at the time the cause of action accrues, either under the age of 18 years, except for actions against health care providers; or mentally ill, the action may he commenced within 2 years after the disability ceases, except that where the disability is due to mental illness, the period of limitation prescribed in this chapter may not be extended for more than 5 years.
(2) Subsection (1) does not shorten a period of limitation otherwise prescribed.
(3) A disability does not exist, for the purposes of this section, unless it existed when the cause of action accrues.
(4) When 2 or more disabilities coexist at the time the cause of action accrues, the 2-year period specified in sub. (1) does not begin until they all are removed.
*164 (5) This section applies only to statutes in this chapter limiting the time for commencement of an action or assertion of a defense or counterclaim except it does not apply to:
(a) Actions for the recovery of a penalty or forfeiture or against a sheriff or other officer for escape;
(b) Extend the time limited by s. 893.33,893.41,893.59, 893.62, 893.73 to 893.76, 893.77 (3), 893.86 or 893.91 or subch. VIII for commencement of an action or assertion of a defense or counterclaim; or
(c) A cause of action which accrues prior to July 1,1980.
(Emphasis added.)
¶ 10. The unambiguous language of this tolling statute plainly precludes the Hafermans' claim. Toby Jr. was under the age of 18 when his cause of action allegedly accrued and his claims are against health care providers. Section 893.16(1) plainly provides that its tolling limitation period does not apply to those under the age of 18 who sue health care providers.
¶ 11. In addition, Wis. Stat. § 893.16(3) states "A disability does not exist, for the purposes of this section, unless it existed when the cause of action accrues." We have previously concluded that the legislature intended this subsection to apply where the disability existed at the time of the plaintiffs injury, not where the disability resulted from the incident causing the plaintiffs injury. Carlson v. Pepin County, 167 Wis. 2d 345, 352, 481 N.W.2d 498 (Ct. App. 1992). Accordingly, we further conclude that § 893.16 does not apply to the Hafermans' claim because Toby Jr.'s disability resulted from Vangor's alleged negligence. See id.
Any person under the age of 18, who is not under disability by reason of insanity, developmental disability or imprisonment, shall bring an action to recover damages for injuries to the person arising from any treatment or operation performed by, or for any omission by a health care provider within the time limitation under s. 893.55 or by the time that person reaches the age of 10 years, whichever is later. That action shall be brought by the parent, guardian or other person having custody of the minor within the time limit set forth in this section.
It is undisputed that Toby Jr. was more than ten years of age and under disability by reason of a developmental disability when this action was commenced. We agree with the parties that the Hafermans' claims are not saved by § 893.56.
¶ 13. The question then remains: if Wis. Stat. §§ 893.16 and 893.56 are inapplicable, what statute of limitation applies? We turn to Wis. Stat. § 893.55,
(1) Except as provided by subs. (2) and (3), an action to recover damages for injury arising from any treatment or operation performed by, or from any omission by, a person who is a health care provider, regardless of the theory on which the action is based, shall be commenced within the later of:
(a) Three years from the date of the injury, or
(b) One year from the date the injury was discovered or, in the exercise of reasonable diligence should have been discovered, except that an action may not be commenced under this paragraph more than 5 years from the date of the act or omission.
We conclude that the three-year statute of limitation in § 893.55(l)(a) is the only statute of limitation applicable to this case.
¶ 14. Dr. Vangor is entitled to summary judgment dismissing the complaint on the ground that this action was not timely filed under § 893.55(1)(a). We reverse the order denying the motion for summary judgment and remand for the court to enter an order consistent with this opinion.
By the Court. — Order reversed and cause remanded with directions.
All references to the Wisconsin Statutes are to the 2001-02 version unless otherwise noted.
The Hafermans argue that a factual dispute exists regarding whether Toby Jr. suffers from a mental illness as opposed to being developmentally disabled. This argument is undeveloped and is without merit. The Hafermans concede Toby Jr. is developmentally disabled. There are no facts of record establishing Toby Jr. is mentally ill. We therefore do not address this argument.
WISCONSIN Stat. §893.18 applies to a cause of action accruing prior to July 1, 1980. This statute is the duplicate of Wis. Stat. § 893.16, except that § 893.16 applies to actions accruing July 1, 1980 and thereafter.
Actually, Wis. Stat. § 893.55 is considered to be both a statute of limitation and a statute of repose.
Statutes of repose operate differently from statutes of limitations. A statute of limitations usually establishes the time frame within which a claim must he initiated after a cause of action actually accrues. A statute of repose, by contrast, limits the time period within which an action may be brought based on the date of an act or omission. A statute of repose does not relate to the accrual of a cause of action. In fact, it may cut off litigation before a cause of action arises.
The result in this case is troubling given that the legislature has, through Wis. Stat. § 893.56, provided more time for young children to file medical malpractice suits than the three years provided in Wis. Stat. § 893.55(l)(a). In creating Wis. Stat. § 893.56, the legislature decided that the interests of very young children would be fully protected by extending the time limit for filing medical malpractice claims to age ten. See ch. 390, Laws of 1977 at § 1(e); Aicher v. Wisconsin Patients Comp. Fund, 2000 WI 98, ¶¶ 22-23, 237 Wis. 2d 99, 613 N.W.2d 849.
Dissenting Opinion
¶ 15. (dissenting). There is one thing upon which all three judges on this panel agree: The result the majority reaches is absurd. Majority at ¶ 13. Where we differ is on what to do about it.
¶ 16. Wisconsin Courts have been declaring the meaning of statutes for some time. See Kensler v. Brunett, 1 Pin. 112, Bur. 5 (Wis. Terr. 1841) (stating that fees of justice of the peace and not all costs before the justice are embraced in statute). See also State ex
¶ 17. A long-standing and well-accepted corollary to the requirement that we search for legislative intent is that we apply statutes as they were written, unless to do so would lead to an absurd result that did not reflect the legislature's intent.
¶ 18. Were I writing for the majority, I would
¶ 19. There is an exception to the rule of Wis. Stat. § 893.55 in Wis. Stat. § 893.56. The exception is that the statute of limitations for children under the age of ten is either (1) the limitation of § 893.55; or (2) the date on which they reach ten years of age, whichever is longer. I conclude that this exception is unambiguous. The legislative intent behind this exception is obvious: Children under the age of ten cannot be expected to recognize concepts of duty, breach, causation and damages that are the foundation of Wisconsin's negligence law. They should therefore be given extra time to begin suits against health care providers who injure them.
¶ 20. But there is an exception to the exception. It provides that the only children who are within the exception to the rule of Wis. Stat. § 893.55 are those who are not under disability caused by insanity, developmental disability or imprisonment. That's where the trouble starts. The majority concludes that the only interpretation of this exception is that children who are insane, developmentally disabled or imprisoned are not entitled to the ten-year statute of limitations. Instead, they must bring their negligence actions within a maximum of five years from the date of injury.
¶ 22. But there is another way to interpret Wis. Stat. § 893.56. A rational legislature could have concluded that while most children might need a longer limitations period than adults to bring negligence lawsuits, some children might need even more time due to a disability other than age. It is irrational and absurd to conclude that the legislature intended to benefit all children except those who are insane, developmentally disabled or imprisoned. The "stitch" dropped by the legislature was to specifically provide an extended statute of limitations for those excepted in § 893.56, though it is obvious that this provision was intended. The solution from reading the two statutes I have discussed together with Wis. Stat. § 893.16 is that the legislature intended to benefit children under the three categories of disability more than other children, but that even those children must bring negligence suits by no later than their eighteenth birthday or within the limits of Wis. Stat. § 893.55, whichever is longer.
¶ 23. The problem with the majority's interpretations of the various statutes it examines is that it adopts a rigid rule which it imports from cases such as Kalal: If a statute is unambiguous, we will follow it. Period. But where the majority goes astray is by ending its
¶ 24. "However, the plain language of a statute should not be construed in a manner that leads to absurd or unreasonable results." Gasper, 249 Wis. 2d 106, ¶ 8. If a statute leads to an absurd result, "[t]he court may insert or reject words necessary or reasonably inferable." State v. Gould, 56 Wis. 2d 808, 812, 202 N.W.2d 903 (1973). Accord, Pfingsten v. Pfingsten, 164 Wis. 308, 313, 159 N.W. 21 (1916); State v. Williams, 198 Wis. 2d 516, 534, 544 N.W.2d 406 (1996); State v. Berndt, 161 Wis. 2d 116, 123, 467 N.W.2d 205 (Ct. App. 1991); State v. Cole, 2003 WI 59, ¶ 32, n.33, 262 Wis. 2d 167, 663 N.W.2d 700. "Obeisance to legislative intent is so important that we may even insert words in a statute when that is necessary to avoid conflicting provisions and an absurd result that the legislature did not intend." U.S. Bank National Assn. v. City of Milwaukee, 2003 WI App 220, ¶ 8, 267 Wis. 2d 718, 672 N.W.2d 492. That is what I would do. From the statutes examined here, I conclude that the legislature intended children who are insane, developmentally disabled or imprisoned to have until age eighteen or a later time permitted by Wis. Stat. § 893.55 to bring negligence action against health care providers.
¶ 25. I do not think it necessary to recommend that the legislature address , something it has already addressed, albeit imperfectly. The legislative intent to benefit persons under a disability is obvious; it is only the imperfect drafting of the statute that led to the result the majority chooses. Courts have remedied problems like the one before us on many occasions in
A LOIS search for the words "absurd result" yielded 276 cases in which this term was used. An analysis of the first forty of these cases revealed that that phrase was used in the context of statutory interpretation seventeen times.
All. references to the Wisconsin Statutes are to the 2001-02 version unless otherwise noted.
Reference
- Full Case Name
- Kristy Haferman, Toby Haferman, Sr. and Toby Haferman, Jr., a Minor, by His Guardian Ad Litem, Richard H. Schulz, Plaintiffs-Respondents,† v. St. Clare Healthcare Foundation, Inc. D/B/A St. Clare Hospital, Wisconsin Hospital Association and Wisconsin Patients Compensation Fund, Defendants, Donald W. Vangor, M.D., and Physicians Insurance Company of Wisconsin, Defendants-Appellants
- Cited By
- 4 cases
- Status
- Published