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LEWIS v. PHYSICIANS INS. CO.

No. 99-0001.

243 Wis.2d 648 (2001)

2001 WI 60

627 N.W.2d 484

Norvin LEWIS and Delores Lewis, Plaintiffs-Respondents-Petitioners, v. PHYSICIANS INSURANCE COMPANY OF WISCONSIN, Jay Seldera, M.D. and Wisconsin Patients Compensation Fund, Defendants-Appellants, LAKELAND MEDICAL CENTER, The Dean Health Plan, Inc. and Donna Shalala, Defendants.

Supreme Court of Wisconsin.

Decided June 13, 2001.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners there was a brief by Timothy J. Aiken, James C. Gallanis and Aiken & Scoptur, S.C., Milwaukee, and oral argument by Timothy J. Aiken.

For the defendants-appellants there was a brief by Christopher P. Riordan, Marianne Morris Belke and Crivello, Carlson, Mentkowski & Steeves, S.C., Milwaukee, and oral argument by Christopher P. Riordan.

¶ 1. JON P. WILCOX, J.

The issue in this case is whether a surgeon can be vicariously liable for the negligence of two hospital nurses who failed to count accurately the sponges used in a surgical procedure. Because the plaintiff has not presented a viable doctrine for imposing vicarious liability on the surgeon under existing Wisconsin law and because we decline to adopt the "captain of the ship" theory for Wisconsin...

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