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HAGENY v. BODENSTEINER

No. 2008AP133.

762 N.W.2d 452 (2008)

2009 WI App 10

Phyllis E. HAGENY, Individually and as Personal Representative of the Estate of Thomas A. Hageny, Deceased, Plaintiff-Appellant v. Joseph A. BODENSTEINER, Md., Physicians Insurance Company of Wisconsin, Inc. and Wisconsin Injured Patients and Families Compensation Fund, Defendants-Respondents, State of Wisconsin Health Insurance Risk Share Plan, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed December 23, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Linda V. Meagher and D. James Weis of Habush, Habush & Rottier, S.C., Waukesha. There was oral argument by D. James Weis.

On behalf of the defendants-respondents, Joseph A. Bodensteiner, M.D. and Physicians Insurance Company of Wisconsin, Inc., the cause was submitted on the brief of Paul H. Grimstad and Jacqueline Lorenz Sehloff of Nash, Spindler, Grimstad & McCracken, LLP, Manitowoc. There was oral argument by Paul H. Grimstad.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 PETERSON, J.

The Estate of Thomas Hageny, and his widow, Phyllis, (collectively, Mrs. Hageny) appeal a judgment dismissing their medical malpractice claims against Dr. Joseph Bodensteiner and related insurers. Mrs. Hageny argues the circuit court erred by deciding as a matter of law not to submit the issue of informed consent to the jury. We disagree and affirm.

Background

¶ 2 Thomas Hageny died in a hospital recovery room following...

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