2010AP613 Brooks, et al. v. Physicians Insurance Company of Wisconsin Inc., et al.

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Wisconsin Court of Appeals
Torts
Medical malpractice; informed consent

Mary Jo Brooks filed this medical malpractice action against BayCare Clinic, L.L.P. and Physicians Insurance Company of Wisconsin, Inc. (collectively, BayCare), alleging that BayCare’s employee, Dr. Shawn Hennigan, failed to obtain her informed consent prior to performing a surgical procedure for frozen shoulder and that he was negligent in performing this procedure.

The jury found that Dr. Hennigan did not fail to disclose information about the surgery necessary for Brooks to make an informed decision and that he was not negligent in performing the surgery.

The circuit court denied Brooks’ motions after verdict to change the jury’s answer on informed consent and denied her request for a new trial because of asserted errors in evidentiary rulings relating to the negligence claim.

On appeal of the circuit court’s dismissal of the action, Brooks contends the court erred in denying her motions after verdict.

For the reasons we explain below, we affirm the circuit court’s denial of the motions after verdict and affirm the judgment of dismissal. Not recommended for publication in the official reports.

2010AP613 Brooks, et al. v. Physicians Insurance Company of Wisconsin Inc., et al.
Dist III, Brown County, Bischel, J., Vergeront, P.J.
Attorneys: For Appellant: Skoglind, David M., Mequon; For Respondent: Gendelman, Lori, Milwaukee; Franckowiak, Jason J., Milwaukee

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