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KERKMAN v. HINTZ

No. 86-0215.

138 Wis.2d 131 (1987)

406 N.W.2d 156

Jerome KERKMAN, Plaintiff-Respondent, Joyce KERKMAN, Plaintiff-Cross-Appellant, v. Max A. HINTZ and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Defendants-Appellants and Cross-Respondents.

Court of Appeals of Wisconsin.

Decided March 11, 1987.

Attorney(s) appearing for the Case

For the plaintiff-respondent and plaintiff-cross-appellant their were briefs by Robert L. Elliott and Kathy L. Nusslock of Cook & Franke, S.C. of Milwaukee. There was oral argument by Mr. Elliott.

For the defendants-appellants and cross-respondents there were briefs and oral argument by Frank R. Terschan of Frisch, Dudek and Slattery, Ltd. of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

Dr. Max Hintz, D.C. appeals a judgment based on a jury verdict finding him liable for chiropractic malpractice. The principal issue on appeal concerns the appropriate standard of care by which to measure a chiropractor's diagnosis, treatment or referral of a patient. Because we conclude that the trial court erroneously instructed the jury on a chiropractor's standard of care, we reverse and remand for a new trial.

Dr. Hintz is a graduate of...

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