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145 N.W.2d 112 Wisconsin Supreme Court 1966年10月7日
The verdict inquired whether the hospital was negligent in its nursing care and whether the doctors were negligent in their professional-medical care and treatment.
True, the question was too broadly phrased to include the defendant doctors because under the evidence any contributory negligence of Carson could not be set off against any negligence of the doctors.
Likewise, the questions on apportionment of negligence should not have included the doctors. However, this error was not prejudicial in view of the answers to the other inquiries finding the defendants were not negligent.
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423 N.W.2d 848 Wisconsin Supreme Court 1988年5月31日 No. 87-0029
fact that the specific physician who committed the negligent act was an independent contractor.
Trinity, on the other hand, argues that a hospital’s liability should be limited to that stemming from negligence in selecting a physician and from the negligence of a physician who is an employee of the hospital.
According to Trinity, to impose liability when the treating physician is not a servant and the hospital has not been negligent in selecting the physician would make a hospital liable for all acts of negligence occurring within the
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233 N.W.2d 372 Wisconsin Supreme Court 1975年9月30日 No. 57 (1974)
The plaintiffs also claim the doctor was negligent in failing to advise her of the availability of an abortion.
*776 Subject to the proof at trial, we conclude the doctor was negligent in not diagnosing the rubella the plaintiff-wife was suffering and inquiring as to pregnancy.
If the doctor is found at the trial to have been negligent in those respects, it follows he had a duty to inform the plaintiff-mother of the effects of rubella.
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187 N.W.2d 349 Wisconsin Supreme Court 1971年6月2日 No. 278
Doctors were also liable independently for the results of their own negligence and the doctrine was applied to give them the benefit of any general payments made by the original tort-feasor to the injured party. In Hooyman v.
The original tort-feasor and the subsequent negligent doctor, even though his negligence aggravates the original injury, are not joint tort-feasors although they may have a joint liability in part; such joint liability does not give
*288 We do not believe a negligent doctor who aggravates the original injury is liable for the damage directly caused by the original tort-feasor. The plaintiff argues he is, and there is language in Bolick v.
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543 N.W.2d 265 Wisconsin Supreme Court 1996年1月25日 No. 93-1555
on the part of the doctor to conform to the applicable standards of care constitutes negligence."
has not *447 acted negligently when any expert testifies that the physician pursued a recognized method of treatment.
may not be held negligent merely because the doctor made a choice of a recognized alternative method of treatment.
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219 N.W.2d 576 Wisconsin Supreme Court 1974年5月8日 No. 271
and physicians.
There is no question of foreseeability in this case nor any question that the negligence of the physician was a substantial factor causing the cancer phobia, the existence of which is undisputed.
We hold that, under the circumstances of this particular case, it would be contrary to public policy to permit the physician to be liable for the cancer phobia and related manifestations of neuroses that followed the negligent insertion
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208 N.W.2d 328 Wisconsin Supreme Court 1973年4月20日 No. 5
When patients considering operations approach doctors in Raymond, the doctors do not admit that they can be a little more careless and act with less responsibility than can doctors in Olympia, *283 who can be a little more negligent
than doctors in Tacoma, who can be a little more negligent than doctors in Seattle, who can be considerably more negligent than the doctors in New York City.
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204 N.W.2d 663 Wisconsin Supreme Court 1973年2月27日 No. 1
or surgeon for damages incurred by his negligent treatment of the injury.
The bar naturally and correctly considers an injured person to have a cause of action against each person who causes an injury and that is true in respect to the negligence of the doctor.
What language is sufficient to state the intent to release the subsequent negligent doctor is to be decided on the facts of each case.
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75 Op. Att'y Gen. 71 Wisconsin Attorney General Reports 1986年5月20日尚無引用
to have been negligent, but the physician was not named as a respondent in the submission of controversy and was not otherwise joined as a party.
Most importantly, a finding of negligence by a panel is to be taken by the examining board as "conclusive evidence that the physician is guilty of negligence in treatment." Sec. 448.02 (3)(b), Stats.
Thereafter, according to its new terms, a "finding by a panel established under sec. 655.02 or by a court that a physician has acted negligently is conclusive evidence that the physician is guilty of negligence in treatment."
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572 N.W.2d 508 Court of Appeals of Wisconsin 1997年11月20日 No. 97-0452
We do not see any reason to depart from the civil standard for *198 medical negligence when determining whether, for disciplinary purposes, a physician was negligent in treating a patient.
Wisconsin courts have been developing the civil standard for medical negligence for over a century, 1 and the legislature has provided that "a finding by a court that a physician has acted negligently in treating a patient is conclusive
evidence that the physician is guilty of negligence in treatment."
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473 N.W.2d 584 Court of Appeals of Wisconsin 1991年7月24日 No. 90-2315
The complaint alleged that the physicians' negligent care before and during Timothy's birth in 1977 had resulted in severe, permanent central nervous system damage to Timothy.
Both doctors practiced at the Racine Medical Clinic. The clinic held professional malpractice insurance through CNA and had policy limits of $200,000 per doctor. In addition, each physician had excess coverage with the fund.
When the negligence claim was filed, CNA retained separate defense counsel for each physician. The fund also tendered its defense to CNA. See sec. 655.27(5) (b).
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214 N.W. 326 Wisconsin Supreme Court 1927年5月5日
In an action by a patient against a physician for malpractice causing an X-ray burn, the burden is on the patient to prove negligence by the physician in administering the X-ray treatments. p. 591. 2.
Where a physician gives X-ray treatments to patients for *Page 589 curative or healing purposes, proof of a bad result from such treatments should not constitute proof of negligence by the physician, any more than any other agency
of negligence on the part of the physician, any more than when any other agency is applied or ministered.
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349 N.W.2d 719 Court of Appeals of Wisconsin 1984年4月17日 No. 83-757
A medical negligence claim against a Wisconsin physician is subject to ch. 655. Section 655.007, Stats.
The panel in this case found the three physicians negligent in causing the patient’s injuries. 1 If St.
— Judgment affirmed. 1 The panel did not apportion negligence among the three physicians, and no question of apportionment was raised in the circuit court.
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595 N.W.2d 358 Wisconsin Supreme Court 1999年6月23日 No. 97-2181
Johnson alleging that they were negligent in their duties as doctors for deciding to perform and then performing the bilateral mastectomies. With regard to the losses sustained by Mr.
Johnson was not negligent in obtaining Ms. Brown's consent to surgery; that neither doctor was negligent in rendering medical care to Ms. Brown; and that a reasonable patient in Ms.
According to the plaintiffs, the defendants' position on contributory negligence is nothing more than an attempt to make patients cure the shortcomings of their doctors and to transform a doctor's duty to inform the patient into a
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2000 WI App 95, 612 N.W.2d 389 Court of Appeals of Wisconsin 2000年4月25日 No. 99-0001
Hipke, 183 Wis. 382 , 197 N.W. 333 (1924) (physicians not liable where neither physician negligent; negligence by others during an operation at which they were not involved); Brossard v.
App. 469 , 1924 WL 3713 at *8-10 (1924) (no joint liability among physicians sharing operation responsibilities; none of physicians negligent); Robinson v.
Bennett, 122 N.W. 305, 306-307 (Mich. 1909) (surgical pad left in patient; patient's physician, who assisted the operating surgeon, not liable for the alleged negligence of surgeon even though patient's physician paid surgeon from
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279 N.W.2d 437 Wisconsin Supreme Court 1979年6月12日 No. 76-263
The jury returned a verdict which failed to find either physician negligent. The basic question is whether the jury’s verdict was supported by credible evidence.
The question whether this was the result of malpractice or physicians’ negligence was one for the jury. Under the standards set forth above, the record demonstrates that the jury’s finding that neither Dr. Blanke nor Dr.
There was credible evidence which if believed by the jury would have supported a verdict that the physicians were negligent. The jury, however, did not make that finding.
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2012 WI 39, 813 N.W.2d 627 Wisconsin Supreme Court 2012年4月17日 No. 2008AP1972
Bullis and on other physicians in similar situations, springing from an objective, negligence-based reasonable patient standard, is decidedly not strict liability.
In two of this court's prominent informed consent cases, we explained how juries can find that a physician was not negligent in care and treatment but could also find the physician negligent in discharging his or her duty to inform
If the doctor fails to perform this duty, she is negligent.
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2017 WI 2, 888 N.W.2d 816 Wisconsin Supreme Court 2017年1月6日 No. 2014AP000195被引用 54 次 協同意見書 · Ziegler
Moreover, the Wisconsin Jury Instructions state the standard used in a case involving alleged medical negligence like this one in part as follows: In (treating) (diagnosing) {plaintiff)'s (injuries) (condition), (doctor) was required
A doctor who fails to conform to this standard is negligent. The burden is on (plaintiff) to prove that {doctor) was negligent.
A doctor is not negligent, however, for failing to use the highest degree of care, skill and judgment or solely because a bad result may have followed (his) (her) (care and treatment) (surgical procedure) (diagnosis).
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2012 WI 67, 816 N.W.2d 191 Wisconsin Supreme Court 2012年6月28日 No. 2010AP258被引用 57 次 部分協同、部分不同意見書 · Abrahamson
I dissent, however, because I cannot assuredly say, as the majority does (¶ 69), that the error does not undermine my confidence in the jury's determination that not one of the three physicians was negligent in the care and treatment
Weborg was avaricious and undeserving of additional monetary compensation, notwithstanding evidence revealing the doctors' negligence. 5 Or jurors might conclude that because the plaintiffs had already received generous compensation
Weborg, a finding of negligence would result in unnecessary additional recovery for the plaintiffs and there was no reason to saddle the physicians with liability.
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273 N.W.2d 348 Wisconsin Supreme Court 1979年1月9日 No. 76-084
*736 For liability to follow negligence whether by a physician or another, the negligence must be the cause in fact or a substantial factor in causing the eventual injury: “The instruction on whether the doctors’ negligence
is negligent.
Mokrohisky, supra where this court reversed a jury verdict finding a doctor negligent for an improper diagnosis of gallstones.