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SHIER v. FREEDMAN

No. 5.

58 Wis.2d 269 (1973)

206 N.W.2d 166

208 N.W.2d 328

SHIER, Appellant, v. FREEDMAN, Respondent.

Supreme Court of Wisconsin.

Decided April 20, 1973.

Attorney(s) appearing for the Case

For the appellant there were briefs by Kersten & McKinnon, attorneys, and George P. Kersten of counsel, all of Milwaukee, and oral argument by George P. Kersten.

For the respondent there was a brief by Fulton, Menn & Nehs, Ltd., attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by Mr. Nelson.

BEILFUSS, J.

The most important issue before us in this case is whether the "locality rule" in medical malpractices in Wisconsin should be abrogated both as to general practitioners and specialists.

For over eighty years Wisconsin has followed the locality rule. Gates v. Fleischer (1886), 67 Wis. 504, 30 N. W. 674. One of the most accurate statements of the rule was pronounced in Burnside v. Evangelical Deaconess Hospital (1970),

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