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BUBB v. BRUSKY

No. 2007AP619.

756 N.W.2d 584 (2008)

2008 WI App 104

Richard BUBB and Marjorie Bubb, Plaintiffs-Appellants, v. William BRUSKY, M.D., Saint Agnes Hospital, Xian Feng Gu, M.D., Lakeside Neurocare Limited and Medical Protective Company, Defendants-Respondents, West Bend Company, Subrogated Defendant.

Court of Appeals of Wisconsin.

Opinion Filed June 11, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of John L. Cates and Heath P. Straka of Gingras, Cates & Luebke, S.C., Madison.

On behalf of the defendants-respondents, Xian Feng Gu, M.D., Lakeside Neurocare Limited and the Medical Protective Company, the cause was submitted on the brief of Peter J. Hickey and Ann C. Weiss of Everson, Whitney, Everson & Brehm, S.C., Green Bay.

On behalf of the defendants-respondents, William Brusky, M.D. and The Medical Protective Company, the cause was submitted on the brief of Paul H. Grimstad and Jacqueline Lorenz Sehloff of Nash, Spindler, Grimstad & McCracken, LLP, Manitowoc.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.

¶ 1 SNYDER, J.

Richard and Marjorie Bubb initiated a medical malpractice action against Dr. William Brusky, Dr. Xian Feng Gu, St. Agnes Hospital, and their insurers. The Bubbs contend the circuit court erred when it refused to submit the question of informed consent to the jury, effectively dismissing that portion of their claim and limiting the inquiry to whether Dr. Brusky and Dr. Gu were negligent in their care of Richard. The Bubbs submit that sufficient...

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