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ERICKSON v. GUNDERSEN

No. 93-1015.

183 Wis.2d 106 (1994)

515 N.W.2d 293

Chad ERICKSON, a minor, by his guardian ad litem, Arnold J. Wightman, Barbara Erickson, and David Erickson, Plaintiffs v. A. Erik GUNDERSEN, M.D., Robert G. Shurtleff, M.D., Defendants, The GUNDERSEN CLINIC, LTD., Defendant-Respondent, WISCONSIN PATIENTS COMPENSATION FUND, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 10, 1994.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Jeffrey J. Kassel of LaFollette & Sinykin of Madison and James M. Fergal of Schellinger & Doyle, S.C., of Brookfield.

For the defendant-respondent the cause was submitted on the brief of Robert D. Johns, Jr., of Johns § Flaherty, S.C., of La Crosse.

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

EICH, C.J.

We are asked in this case to decide several issues arising out of a cross-claim filed by the Gundersen Clinic against the Wisconsin Patients Compensation Fund, both of whom were parties to a medical malpractice action commenced on behalf of Chad Erickson, who was severely injured while undergoing surgery at the Clinic.

I. Issues and Decision.

Some background is necessary. Section 655...

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