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EHLINGER v. SIPES

No. 88-0806.

148 Wis.2d 260 (1988)

434 N.W.2d 825

Kurt EHLINGER and Cory Ehlinger, Minors, by their Guardian ad Litem, Larry Ehlinger, and Carol Ehlinger, Plaintiffs-Appellants, v. Donald R. SIPES, M.D., Edward G. Vogel, M.D., Bay West Gynecology & Obstetrics, Ltd., Wisconsin Patients Compensation Fund, and John Doe Insurance Companies, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 20, 1988.

Attorney(s) appearing for the Case

For appellants there were briefs filed by Robert A. Slattery of Frisch, Dudek and Slattery, Ltd., of Milwaukee.

For respondent there was a brief filed by Peter J. Hickey and Mary E. Murphy of Everson, Whitney, Everson & Brehm, S.C., of Green Bay.

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

CANE, P.J.

This is an obstetrical medical malpractice case that arises out of the premature births of identical twins, Cory and Kurt Ehlinger. The twins' guardian ad litem and parents appeal a judgment directing a verdict in favor of Dr. Donald Sipes and Dr. Edward Vogel and their medical clinic. The trial court concluded the Ehlingers did not produce sufficient credible evidence for a jury to determine that Dr. Sipes's negligent failure to diagnose Carol Ehlinger...

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