FINLEY v. CULLIGAN

No. 94-2977.

201 Wis.2d 611 (1996)

548 N.W.2d 854

Brenda FINLEY and Leo Finley, Jill Finley, Amber Finley and Erika Finley, minors, by their Guardian ad Litem, Randell E. Reinhardt, Plaintiffs-Appellants, COMPCARE HEALTH SERVICES INSURANCE CORPORATION, a domestic corporation, Involuntary-Plaintiff, v. David E. CULLIGAN, M.D., James W. Nohl, M.D., Physicians Insurance Company of Wisconsin, a domestic corporation, and Wisconsin Patients Compensation Fund, a statutory entity, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 10, 1996.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, there were briefs and oral argument by Randall E. Reinhardt, Esq. of Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S.C. of Milwaukee.

On behalf of the defendants-respondents, James W. Nohl, M.D., and Physicians Insurance Company of Wisconsin, there was a brief and oral argument by Donald H. Carlson, of Crivello, Carlson, Mentkowski & Steeves, S.C., of Milwaukee.

On behalf of the defendants-respondents, David E. Culligan, M.D., and Physicians Insurance Company of Wisconsin, a brief was submitted by Nancy M. Kennedy and Mark A. Dotson of Quarles & Brady of Milwaukee. There was oral argument by Nancy M. Kennedy.

On behalf of the defendants-respondents, Patients Compensation Fund, a brief was submitted by Paul J. Kelly of Schellinger & Doyle, S.C. of Milwaukee.

Before Anderson, P.J., Brown and Nettesheim, JJ.


NETTESHEIM, J.

Brenda Finley appeals from a trial court judgment dismissing her complaint upon a jury finding that Finley's two treating physicians were not negligent in their care and treatment of her prior to a third doctor's discovery of cancer in her right breast.1 Finley contends that the trial court erred by: (1) delivering certain portions of the pattern medical malpractice jury instructions;2 (2) rejecting...

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