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BROWN v. DIBBELL

No. 97-2181.

220 Wis.2d 200 (1998)

582 N.W.2d 134

Marlene BROWN and Kurt Brown, Plaintiffs-Appellants-Cross-Respondents, v. David G. DIBBELL, M.D., Midelfort Clinic, Ltd., a Mayo Regional Practice, Physicians Insurance Company of Wisconsin and Wisconsin Patients Compensation Fund, Defendants-Respondents-Cross-Appellants, Steven D. JOHNSON, M.D., Defendant-Respondent, MERIDIAN RESOURCE CORPORATION on behalf of Benefit Plan Administrators Co. and Wisconsin Physicians Service-Medicare Part B, Defendants.

Court of Appeals of Wisconsin.

Decided May 19, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross-respondents, the cause was submitted on the briefs of George H. Senteney and Guelzow & Senteney, Ltd. of Eau Claire.

On behalf of the defendants-respondents-cross-appellants, the cause was submitted on the brief of Steven J. Caulum and W. Scott McAndrew and Bell, Metzner, Gierhart & Moore, S.C. of Madison.

Before Cane, P.J., Myse and Hoover, JJ.

HOOVER, J.

Marlene and Kurt Brown appeal a judgment finding Marlene Brown contributorily negligent in an informed consent suit she brought against Dr. David Dibbell and Dr. Steven Johnson. The Browns contend that a patient cannot be contributorily negligent for purposes of informed consent for failing to make sufficient inquiries or by opting to undergo a viable treatment option the doctor recommends. We conclude the evidence does not sustain the jury's verdict that...

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