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plaintiffnegligenceappealmalpractice

plaintiffdefendantnegligenceverdictmalpractice

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Nowatske v. Osterloh, 198 Wis.2d 419, 543 N.W.2d 265

Facts

The plaintiff, Kim Nowatske, experienced blurred vision and was diagnosed with a retinal detachment by Dr. Osterloh, a retina specialist. After signing a consent form and watching a video about the surgery, Nowatske underwent a scleral buckling procedure. Post-surgery, there were disputes regarding whether Dr. Osterloh adequately monitored intraocular pressure and whether he prescribed appropriate medication for pain. Ultimately, Nowatske was informed that he would be permanently blind in his right eye, leading to the malpractice claim against Dr. Osterloh.

We briefly summarize the facts giving rise to this case, recognizing that the parties dispute whether certain events occurred, whether the surgery and care provided by the defendant were negligent and whether the defendant's alleged negligence caused the plaintiff's injury.

Issue

Whether the standard jury instruction Wis JI–Civil 1023 accurately states the law of negligence for medical malpractice cases.

Whether standard jury instruction Wis JI–Civil 1023 accurately states the law of negligence for medical malpractice cases?

Rule

The standard of care for physicians is to exercise ordinary care, which is defined as the degree of care, skill, and judgment usually exercised by the average specialist in similar circumstances, with due regard for the state of medical science at the time of treatment.

In treating Kim Nowatske, Dr. Osterloh was required to use the degree of care, skill, and judgment which is usually exercised in the same or similar circumstances by the average specialist who practices the specialty which Dr. Osterloh practices, having due regard for the state of medical science at the time Kim Nowatske was treated.

Analysis

The court analyzed the jury instruction as a whole and determined that it conveyed the correct legal message regarding the standard of care expected from physicians. It emphasized that while customary practices are relevant, they do not solely define reasonable care. The court acknowledged that the instruction could be improved but ultimately found it adequate for the case at hand.

The court analyzed the jury instruction as a whole and determined that it conveyed the correct legal message regarding the standard of care expected from physicians.

Conclusion

The Supreme Court held that the jury instruction was not erroneous and remanded the case for the court of appeals to consider other issues raised by the Nowatskes.

We conclude that the jury instruction read as a whole was not erroneous.

Who won?

Dr. Mark D. Osterloh prevailed in the case as the jury found him not negligent in his treatment of Kim Nowatske.

The jury answered 'no,' thus returning a verdict in his favor.

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