The Wisconsin Supreme Court will hear the appeal of a medical malpractice suit filed after a Rio man died when a medical sponge was left in his abdomen during surgery at a Madison hospital in 2003.

Kathy Genrich filed the suit after her husband, Robert, died Aug. 11, 2003. The suit claimed Meriter Hospital and an insurance firm were liable for damages. The sponge was removed during a second surgery 16 days after the first, but Genrich died two days later.

"I think it's wonderful. I don't know what will become of it. Hopefully the process will go smoothly and quickly," Kathy Genrich said Friday night of the high court's decision.

The lawsuit was dismissed in January 2007 because the three-year statute of limitations on the offense expired, ruled Columbia County Circuit Court Judge Daniel George. He said then that the law indicates the statute of limitations would have begun Aug. 8, 2003, at the latest and had expired when the suit was filed Aug. 9, 2006. The 4th District Court of Appeals upheld the ruling in May.

The family's attorney, Jason Studinski of Portage, argued that the statute of limitations began in the case the day Robert Genrich died.

"We're hoping that the Supreme Court will right a wrong in this case," Studinski said Friday.

The Supreme Court will review three issues related to the statute of limitations.

• Whether a Supreme Court decision regarding the medical malpractice statute of limitations holds sway where it conflicts with a Court of Appeals decision. Studinski said a previous Supreme Court ruling that supports his client's case and a previous appeals court ruling have conflicting conclusions.

• Whether the statute of limitations for a medical malpractice action begins to run only after a definite irreversible injury.

• Whether the statute of limitations for wrongful death based on medical malpractice runs less than three years from the date of death.

Robert Genrich underwent the abdominal surgical procedure at Meriter Hospital to remedy a perforated duodenal ulcer July 23, 2003. Shortly after the surgery, he showed signs of an infection, including a fever. That led to the second surgery being performed.

Kathy Genrich said she was a bit "in shock" that the Supreme Court decided to take the case.

"There's been a lot to comprehend over the last few years," she said.