No. 75-632.

80 Wis.2d 376 (1977)

259 N.W.2d 85

VOIGHT, Plaintiff-Appellant, v. AETNA CASUALTY & SURETY COMPANY, and others, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided November 1, 1977.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Edward Rudolph, attorney, of Elm Grove, and Jon Erik Kingstad, of counsel, of Milwaukee.

There was a joint brief by Edmund W. Powell and James T. Murray, Jr. of Borgelt, Powell, Peterson & Frauen of Milwaukee, for Aetna Casualty and Surety Company and Frederick G. Gaenslen, M.D.; Arnold Murray & O'Neill of Milwaukee, for St. Paul Fire and Marine Insurance Company and Columbia Hospital; Frank M. Coyne of Madison, for Harvey L. Barash, M.D. and St. Paul Fire and Marine Insurance Company; and Simarski, Goodrich, Brennan & Stack of Milwaukee, for Mutual Fire, Marine & Inland Insurance Company and Frederick G. Gaenslen, M.D.


The complaint alleges that on April 5, 1972, defendant-Dr. Frederick Gaenslen performed surgery at Columbia Hospital in Milwaukee to remove what he had diagnosed as a "tumor" near plaintiff's right hip. During surgery, Dr. Gaenslen broke a fragment from a bone. He then stapled the fragment back to the bone and completed the operation without removing the "tumor."

Subsequently, the bone fragment...

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