WESTCOTT v. MIKKELSON

No. 88-0541.

148 Wis.2d 239 (1988)

434 N.W.2d 822

Karla WESTCOTT and Michael Westcott, personally and on behalf of their son, Logan Westcott, deceased, Plaintiffs-Appellants, v. Michael MIKKELSON, M.D., The Professionals Insurance Company, a foreign insurance corporation, and Wisconsin Patients Compensation Fund, Defendants-Respondents, HOLY CROSS HOSPITAL OF MERRILL, WISCONSIN, INC., and Wisconsin Hospital Association Liability Insurance Plan, Defendants.

Court of Appeals of Wisconsin.

Decided December 13, 1988.


Attorney(s) appearing for the Case

For plaintiffs-appellants there were briefs by Jerome A. Maeder, S.C., Wausau.

For defendants-respondents there was a brief by Robert Bull and Douglas J. Klingberg and Ruder, Ware, Michler & Forester, S.C., Wausau.

Before Cane, P.J., LaRocque and Myse, JJ.


LaROCQUE, J.

Karla Westcott appeals a partial summary judgment dismissing her claim for negligent infliction of emotional injuries sustained during the delivery of her son, who was asphyxiated as a result of the umbilical cord being wrapped twice around his neck.1 She claims that the attending physician, Dr. Michael Mikkelson, negligently diagnosed and treated the child's condition, causing her injuries. We conclude that this case should...

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