Gregory G. PHELPS, Marlene L. Phelps, Estate of Adam Phelps, Deceased, by his Special Administrator, Gregory G. Phelps, and Caroline Phelps and Kyle Phelps, minors, by their Guardian ad Litem, William M. Cannon, Plaintiffs-Respondents-Petitioners,
v.
PHYSICIANS INSURANCE COMPANY OF WISCONSIN, INC., a Wisconsin insurance corporation, and Matthew Lindemann, M.D., Defendants-Appellants-Cross Petitioners.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument March 3, 2005.
Decided June 22, 2005.
Attorney(s) appearing for the Case
For the plaintiffs-respondents-petitioners there were briefs by William M. Cannon, Sarah F. Kaas and Cannon & Dunphy, S.C., Brookfield, and oral argument by William M. Cannon.
For the defendants-appellants-cross petitioners there were briefs by John S. Skilton, Christopher G. Hanewicz, Gabrielle E. Bina and Heller Ehrman White & McAuliffe LLP, Madison; and Michael B. Van Sicklen, Michael S. Heffernan and Foley & Lardner LLP, Madison, and oral argument by Michael B. Van Sicklen and John S. Skilton.
An amicus curiae brief was filed by Emile H. Banks, Jr., Vicki L. Arrowood and Emile Banks & Associates, LLC, Milwaukee, on behalf of OHIC Insurance Company.
An amicus curiae brief was filed by Timothy J. Muldowney and LaFollette, Godfrey & Kahn, Madison, on behalf of the Wisconsin Medical Society, American Medical Association and Wisconsin Hospital Association, Inc.; Laura J. Leitch, Madison, on behalf of Wisconsin Hospital Association, Inc.; Mark L. Adams and Melanie E. Cohen, Madison, on behalf of the Wisconsin Medical Society; and Leonard Nelson and AMA Litigation Center, Chicago, IL, on behalf of the American Medical Association.
An amicus curiae brief was filed by Gerald J. Bloch, Frank Crivello and Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S.C., Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers.
Supreme Court of Wisconsin.
¶ 1. ANN WALSH BRADLEY, J.
This medical malpractice case arises out of the death of Adam Phelps at St. Joseph's Hospital in Milwaukee on November 24, 1998. At that time, Marlene Phelps, and her unborn twins, Adam and Kyle, were under the care of Dr. Matthew Lindemann, who was then an unlicensed first-year medical resident. The complaint alleged, and the circuit court found in a trial to the court, that Dr. Lindemann...
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