Informed Consent

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WI Court of Appeals – District II

Case Name: Alexis Krebsach v. MMIC Insurance, Inc.

Case No.: 2016AP179

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Informed Consent

During the birth and delivery of Alexis Krebsbach, she suffered a brachial plexus injury. A jury found the obstetriciangynecologist who delivered Alexis, Dr. Kathryn J. Kostic, was not negligent in the manner in which she delivered her, but that Kostic did not obtain informed consent from Alexis’ mother, Tina Krebsbach. The circuit court granted a new trial on the informed consent claim, concluding that one of the questions posed to the jury— “Did Kathryn Kostic, M.D. fail to disclose to Tina Krebsbach the risks and benefits of proceeding with a vaginal delivery and the alternative of a delivery by cesarean section?” (emphasis added)—invaded the province of the jury because it assumed that a reasonable patient under these circumstances would want to know about the alternative treatment of delivery by cesarean section. After a second trial on the informed consent claim, the jury found in favor of MMIC Insurance, Inc., Kathryn J. Kostic, M.D., and Advanced Healthcare, Inc. (collectively, Kostic). On appeal, the Krebsbachs challenge the circuit court’s decision to overturn the first jury’s verdict. We reject the Krebsbachs’ challenge and affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.