John Doe 56 v. Mayo Clinic Health System - Eau Claire Clinic, Inc.Annotate this Case
Minors John Doe 56 and John Doe 57 and their parents filed suit against Dr. Van de Loo and related entities, claiming medical malpractice. Specifically, the Does alleged that they were sexually assaulted during a medical examination. The circuit court granted Defendants’ motions to dismiss on statute of limitations grounds. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the Does’ allegations could constitute an actionable medical malpractice claim; and (2) the statute of limitations barred the Does’ medical malpractice claims, as the claims accrued on the date Dr. Van de Loo last physically touched the Does during their genital examinations, rather than when the Does learned that Dr. Van de Loo’s genital examination may, in fact, have constituted a criminal act.