01-2781 Enea v. Linn, et al.

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Even though Dr. Semler was not qualified to diagnose the child’s neurological injuries, Dr. Semler was qualified to testify about the cause of what the neonatologist identified as the child’s neurological damage. Wisconsin Stat. Rule 907.03.

It would be readily apparent to any juror that the child is severely injured; it was proper for Dr. Semler to rely on the reports of other medical experts to form an opinion on the cause of the child’s neurological injuries; even though the trial court excluded the neonatologist’s report (as a discovery sanction) Dr. Semler could rely on it to form his own opinion; Dr. Semler could determine to a reasonable degree of medical certainty that the child’s injuries were caused by the failure to perform a cesarean section.

Reversed and remanded.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Donegan, J., Fine, J.

Attorneys:

For Appellant: Charles W. Jones Jr., Milwaukee

For Respondent: Donald R. Peterson, Milwaukee; Michael J. Wirth, Milwaukee; Donald K. Schott, Madison; Jeffrey Oxford Davis, Milwaukee; Cory L. Nettles, Milwaukee; James R. Gutglass, Milwaukee; Sharon R. Long, Milwaukee