Jury Instructions

Listen to this article

WI Court of Appeals – District I

Case Name: London Scott Barney, et al. v. Julie Mickelson, MD, et al.

Case No.:  2017AP1616

Officials: Kessler, P.J., Brennan and Brash, JJ.

Focus: Jury Instructions

Raquel and London Barney, through London’s guardian ad litem (collectively, the Barneys), appeal an order for judgment entered on a jury verdict dismissing their medical malpractice claim against Dr. Julie Mickelson, Columbia St. Mary’s Hospital Milwaukee, Inc., and the Injured Patients and Families Compensation Fund. They also appeal from the trial court’s denial of their request for a new trial. We conclude that the trial court erred when it instructed the jury that it should not find Dr. Mickelson negligent if she merely made a choice between alternative methods of treatment. The issue in this case is not whether Dr. Mickelson chose between two recognized methods of treatment, but whether she negligently failed to determine whether an external fetal heart monitor placed on Raquel’s abdomen was accurately measuring London’s heart rate and ultimately failed to recognize signs of fetal oxygen depletion. Consequently, also at issue is whether Dr. Mickelson failed to employ a more accurate method of tracing the fetal heart rate. We reverse and remand for a new trial.

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.