Articles Posted in Wisconsin Supreme Court

by
This medical malpractice case was based on the claim that Dr. Kim Balink was negligent in the prenatal care of Braylon Seifert’s mother and in Braylon’s delivery. The jury returned a special verdict finding that Dr. Balink was negligent in the delivery of Braylon and in the prenatal care of Braylon and that this negligence was a cause of injury to Braylon. The circuit court entered judgment for Braylon for $135,000 in medical expenses and $750,000 in pain and suffering. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the circuit court did not err in applying Wis. Stat. 907.02(1) and admitting as reliable Braylon’s obstetrical expert witness’s expert medical testimony on the standard of reasonable care based on his personal experience; (2) the circuit court did not err in concluding that Braylon’s counsel’s remarks during closing argument did not constitute prejudicial error justifying a new trial; and (3) a new trial should not be granted in the interests of justice. View "Seifert v. Balink" on Justia Law

by
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. View "John Doe 56 v. Mayo Clinic Health System - Eau Claire Clinic, Inc." on Justia Law

by
After William Weborg died of severe coronary artery disease, his wife and their minor sons (collectively, the Weborgs) commenced a medical malpractice action against three physicians, their insurer, and the Injured Patients and Families Compensation Fund (collectively, the physicians), claiming that the three physicians were negligent in their care and treatment of William, resulting in his death. The jury returned a verdict in favor of the physicians, and the circuit court dismissed the Weborgs' complaint against the physicians. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the circuit court applied an improper legal standard in admitting the evidence of life insurance proceeds and social security benefits, but the error was harmless; and (2) the circuit court erroneously exercised its discretion in modifying the standard jury instruction on expert testimony, but the error was harmless. View "Weborg v. Jenny" on Justia Law

by
Thomas and Barbara Jandre filed an action against, inter alia, a physician and her insurer, asserting (1) the physician negligently diagnosed Thomas with Bell's palsy, and (2) the physician breached her duty to inform a patient by failing to inform Thomas of a diagnostic test that was available to rule out the possibility of a stroke. The circuit court found that the physician's diagnosis of Bell's palsy was not negligent but that the physician was negligent with respect to her duty to inform the patient. The court of appeals affirmed. The Supreme Court affirmed the decision after applying the reasonable patient standard, holding that under circumstances of the present case involving a non-negligent diagnosis of Bell's palsy, the circuit court could not determine, as a matter of law, that the physician had no duty to inform Thomas of the possibility that the cause of his symptoms might be a blocked artery and of the availability of alternative, non-invasive means of ruling out or confirming the source of his symptoms. View "Jandre v. Physicians Ins. Co. of Wis." on Justia Law