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MARTIN v. RICHARDS

No. 91-0016.

192 Wis.2d 156 (1995)

531 N.W.2d 70

(87-CV-257) Cheryl MARTIN, by her Guardian ad Litem, Paul J. Scoptur, Robert Martin and Darlene Martin, Plaintiffs-Appellants-Petitioners, v. William H. RICHARDS, M.D., Defendant and Third-Party Plaintiff-Respondent Cross Petitioner, WISCONSIN HEALTH CARE LIABILITY INSURANCE PLAN, Defendant-Respondent, WISCONSIN PATIENTS COMPENSATION FUND, Defendant-Respondent Cross-Petitioner, AETNA LIFE & CASUALTY COMPANY and Wisconsin Department of Health & Social Services, Defendants-Appellants, v. WISCONSIN HEALTH CARE LIABILITY INSURANCE PLAN, Third-Party Defendant-Respondent. (88-CV-465) Cheryl MARTIN, by her Guardian ad Litem, Paul J. Scoptur, Robert Martin and Darlene Martin, Plaintiffs-Appellants-Petitioners, v. Mark HANSEN, M.D., Defendant-Respondent-Cross Petitioner, FORT ATKINSON MEMORIAL HOSPITAL, Wisconsin Health Care Liability Insurance Plan, Defendants-Respondents, WISCONSIN PATIENTS COMPENSATION FUND, Defendant-Respondent Cross-Petitioner, AETNA LIFE & CASUALTY COMPANY and Wisconsin Department of Health & Social Services, Defendants-Appellants.

Supreme Court of Wisconsin.

November 8, 1994.

Decided May 4, 1995.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by Timothy J. Aiken, Kelly L. Centofanti and Aiken & Scoptur, S.C., Milwaukee and oral argument by Timothy J. Aiken.

For the defendant-respondent-cross petitioner there were briefs by Paul R. Erickson, Colleen M. Fleming and Gutglass, Erickson & Bonville, S.C., Milwaukee and oral argument by Paul R. Erickson.

For the defendant and third party plaintiff-respondent cross petitioner and for the defendant-respondent-cross petitioner there were briefs by Timothy J. Strattner, Clare T. Ryan, Linda Vogt Meagher and Schellinger & Doyle, S.C., Brookfield and oral argument by Timothy J. Strattner.

Amicus curiae brief was filed by Mark L. Thomsen and Cannon & Dunphy, S.C., Brookfield for the Wisconsin Academy of Trial Lawyers.

WILLIAM A. BABLITCH, J.

Cheryl Martin ran into the back of a truck while riding her bicycle. She was taken to the Fort Atkinson Memorial Hospital (FAMH) emergency room suffering from head injuries. The doctor failed to inform her father that a CT scanner was available to diagnose the extent of his daughter's head injuries. Further, the doctor failed to inform her father that if his daughter developed intracranial bleeding, there would be a significant delay in the...

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