Torts — medical malpractice — informed consent

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Wisconsin Court of Appeals

Civil

Torts — medical malpractice — informed consent

Carol Kekula appeals a judgment, entered on a jury’s verdict, dismissing her medical negligence and informed consent claims against Robert Corish, M.D., and The Medical Protective Company. With respect to the medical negligence claim, Kekula asserts the circuit court erred by admitting evidence that other doctors perform the procedure in question — an interscalene nerve block — in the same manner as Corish. We conclude the court properly exercised its discretion by admitting this evidence, and we therefore affirm that portion of the judgment dismissing Kekula’s medical negligence claim.

Regarding the informed consent claim, Kekula argues the special verdict form was misleading because it was not properly tailored to the facts and arguments presented to the jury. We agree. Accordingly, we reverse in part and remand for a new trial on Kekula’s informed consent claim. Not recommended for publication in the official reports.

2014AP177 Kekula et al. v. Corish et al.

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

Attorneys: For Appellant: Haag, Eric J., Middleton; For Respondent: Hickey, Peter J., Green Bay