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RICHARDS v. MENDIVIL

No. 95-0228.

200 Wis.2d 665 (1996)

548 N.W.2d 85

Terry RICHARDS, Plaintiff-Appellant, Roger RICHARDS, Plaintiff, v. Jairo MENDIVIL, M.D., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 21, 1996.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of John J. Albert and Steven J. Watson of Albert, Jude, Boyd & Simanek, S.C. of Racine. Oral argument was by John J. Albert.

On behalf of the defendant-respondent, the cause was submitted on the brief and oral argument of Jan M. Schroeder of Peterson, Johnson & Murray, S.C. of Milwaukee.

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

ANDERSON, P.J.

In this appeal we conclude that leaving a portion of a nontherapeutic localization hook wire in Terry Richards's right breast is a situation where expert testimony as to the standard of care is not required. We reverse the trial court's order granting Dr. Jairo Mendivil's motions after verdict and dismissing the complaint because a layperson can reasonably infer that Mendivil failed to exercise proper care and skill during surgery when he left a foreign...

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