Fojut v. Stafl

In Fojut v. Stafl, 212 Wis. 2d 827, 569 N.W.2d 737 (Ct. App. 1997), Helen Fojut brought a medical malpractice action when she became pregnant after undergoing a bilateral tubal ligation. The date of the injury for purposes of the statute of limitations was an issue. The physician argued that the date of the injury was either the date of the surgery or the date of conception. Fojut argued that the date of the injury was the date that she discovered she was pregnant. The parties agreed in Fojut that the date of the negligent act was the date of the surgery; however, we concluded that the date of the negligent act and the date of the injury could be different. See id. at 830, 569 N.W.2d at 739. The Court then rejected the physician's claim that the date of the injury was the date of the surgery. The Court reasoned that on the date of the surgery, there was no "physical injurious change" to Fojut's body. See 212 Wis. 2d at 831, 569 N.W.2d at 739.