Medical Malpractice-Summary judgment

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WI Court of Appeals – District III

Case Name: Renae Wetterling v. Mark Southard, MD

Case No.: 2021AP001694

Officials: Hruz, J.

Focus: Medical Malpractice-Summary judgment

Wetterling appeals from a summary judgment dismissing all of her claims against Sacred Heart Hospital of the Hospital Sisters of the Third Order of St. Francis and its insurer Preferred Professional Insurance Company. Wetterling argues that the circuit court erred by granting summary judgment on her negligence claim because a Sacred Heart nurse had a duty of ordinary care and he breached that duty by: (1) administering analgesic medication to her before the treating physician had an informed consent discussion with her; and (2) by failing to notify the physician that the medication had been administered before the informed consent discussion occurred. Wetterling suggests that she was incapable of providing informed consent after receiving the medication, and that she would not have consented to the procedure that ultimately led to her serious injuries if she had not been medicated before the doctor sought her consent.

Sacred Heart cannot be held liable under the doctrine of respondeat superior for any negligent actions that the nurse, Michael LuCore might have committed prior to Dr. Southard’s informed consent discussion with Wetterling.

Thus, the circuit court properly granted summary judgment and dismissed Wetterling’s claims

against Sacred Heart.

Affirmed.

Decided 09/12/23

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