Joseph FINNEGAN, Tanice Finnegan, Calvin Joseph Finnegan, Zachary Trevor Finnegan and Mikayla Fae Finnegan, by their Guardian ad Litem, David M. Skoglind, Plaintiffs-Respondents,
MANITOWOC PUBLIC SCHOOLS SELF-INSURED, c/o Plan Administrators Humana Employers Health, Involuntary-Plaintiffs,
v.
WISCONSIN PATIENTS COMPENSATION FUND, Defendant-Co-Appellant,
MANITOWOC CLINIC INCORPORATED and ABC Insurance Company, Defendants,
AURORA MEDICAL GROUP, INC. d/b/a Manitowoc Clinic and Aurora Health Care, Inc., Defendants-Appellants.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument December 4, 2002.
Decided July 8, 2003.
Attorney(s) appearing for the Case
For the defendants-appellants there were briefs by Randal N. Arnold, David J. Hanus and Hinshaw & Culbertson, Milwaukee, and oral argument by Randal N. Arnold.
For the defendant-co-appellant there were briefs by R. George Burnett and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay, and oral argument by R. George Burnett.
For the plaintiffs-respondents there was a brief by Timothy J. Aiken, James C. Gallanis, and Aiken & Scoptur, S.C., Milwaukee, and oral argument by Timothy J. Aiken.
An amicus curiae brief was filed by Martha H. Heidt and Doar, Drill & Skow, S.C., Baldwin, on behalf of the Wisconsin Academy of Trial Lawyers.
Supreme Court of Wisconsin.
¶ 1. DIANE S. SYKES, J.
We have this case on certification from the court of appeals for resolution of two issues: 1) does Chapter 655 of the Wisconsin Statutes (1999-2000),1 which exclusively governs medical malpractice claims in this state, permit a bystander claim for negligent infliction of emotional distress in a medical malpractice lawsuit; and 2) if such a claim is statutorily permitted, does a misdiagnosis leading to the patient...
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