Torts — medical malpractice — sufficiency of the evidence

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Wisconsin Court of Appeals

Civil

Torts — medical malpractice — sufficiency of the evidence

This appeal arises out of a medical malpractice action. Angelica Martinez, Felipe Vasquez, and their daughter, Brittany Vasquez, (collectively, “the Vasquezes”) sued Bellin Memorial Hospital, Inc.

and Bellin Health Systems, Inc. (collectively, “Bellin”). They claim that the nurses who cared for Angelica during her labor and delivery were negligent, which caused Brittany to suffer permanent neurologic injury after Angelica’s uterus ruptured during labor and which caused Angelica’s and Felipe’s resulting loss of society and companionship with Brittany. A jury determined that Bellin was not negligent, and the circuit court entered judgment on the verdict.

The Vasquezes contend on appeal that they are entitled to a new trial because of circuit court error in rulings on evidence and jury instructions and because of insufficient evidence to support the verdict. For the reasons we explain below, we disagree and affirm the judgments. Not recommended for publication in the official reports.

2011AP1795 Vasquez, et al. v. Injured Patients and Families Compensation Fund, et al.

Dist III, Brown County, Hammer, J., Vergeront, J.

Attorneys: For Appellant: Griffin, Lawrence J., Chicago; Goldberg, Jeffrey M., Milwaukee; For Respondent: Leib, Samuel J., Milwaukee; Gaynor, Sean M., Milwaukee