MARTIN v. RICHARDS

No. 91-0016.

176 Wis.2d 339 (1993)

500 N.W.2d 691

Cheryl MARTIN, by her Guardian ad Litem, Paul J. Scoptur, Robert Martin & Darlene Martin, Plaintiffs-Appellants, v. William H. RICHARDS, M.D., Defendant and Third-Party Plaintiff-Respondent, WISCONSIN HEALTH CARE LIABILITY INSURANCE PLAN and Wisconsin Patients Compensation Fund, Defendants-Respondents, AETNA LIFE & CASUALTY Co. and Wisconsin Department of Health & Social Services, Defendants-Appellants, v. WISCONSIN HEALTH CARE LIABILITY INSURANCE PLAN, Third-Party Defendant-Respondent. Cheryl MARTIN, by her Guardian ad Litem, Paul J. Scoptur, Robert Martin and Darlene Martin, Plaintiffs-Appellants, v. Mark HANSEN, M.D., Fort Atkinson Memorial Hospital, Wisconsin Health Care Liability Insurance Plan and Wisconsin Patients Compensation Fund, Defendants-Respondents, AETNA LIFE & CASUALTY CO. and Wisconsin Department of Health & Social Services, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided April 15, 1993.


Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Timothy J. Aiken and Kelly L. Centofanti of Aiken & Scoptur, S.C. of Milwaukee and orally argued by Timothy J. Aiken.

For the defendants-respondents, Fort Atkinson Memorial Hospital and Wisconsin Health Care Liability Insurance Plan, the cause was submitted on the briefs of Amanda J. Kaiser and Anita T. Gallucci of Boardman, Suhr, Curry & Field of Madison and orally argued by Amanda J. Kaiser.

For the defendants-respondents, William H. Richards, M.D. and Wisconsin Patients Compensation Fund, the cause was submitted on the briefs of Timothy J. Strattner and Linda Vogt Meagher of Schellinger & Doyle, S.C. of Brookfield and orally argued by Timothy J. Strattner.

For the defendant-respondent, Mark Hansen, M.D., the cause was submitted on the briefs of Paul R. Erickson of Gutglass, Erickson & Bonville, S.C. of Milwaukee and orally argued by Paul R. Erickson.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.


SUNDBY, J.

This is a medical malpractice case. Cheryl Martin, then fourteen years old, suffered a head injury in a bicycle accident on July 10, 1985. While in the care of Dr. William H. Richards and Dr. Mark Hansen, Cheryl was admitted to Fort Atkinson Memorial Hospital for observation. Several hours after being admitted Cheryl suffered an epidural hematoma resulting from intracranial bleeding. She was flown to University of Wisconsin Hospital where emergency surgery...

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