From our private database of 32,100+ case briefs...
Johnson v. Kokemoor
Supreme Court of Wisconsin
545 N.W.2d 495 (1996)
Donna Johnson (plaintiff) suffered from persistent headaches and had a CT scan performed to determine the cause. Afterwards, Johnson’s family physician referred her to neurologist Dr. Richard Kokemoor (defendant) who diagnosed Johnson as having an enlarging aneurysm in the rear of her brain. Although the aneurysm was not causing Johnson’s headaches, Kokemoor recommended surgery to clip the aneurysm. Known as basilar bifurcation aneurysm surgery, the operation was one of the most difficult to perform in neurosurgery. Prior to the operation, Kokemoor spoke to Johnson and informed her that he had performed the procedure “dozens of times,” and compared the seriousness of it to a tonsillectomy or gall bladder surgery. Kokemoor also told Johnson that there was a 2 percent risk of death when in reality it was closer to a 30 percent chance when performed by inexperienced physicians. Kokemoor did not mention that she had the option of having the procedure performed by more experienced surgeons. Johnson agreed to the operation. Due to the operation, Johnson became a wheelchair-dependent quadriplegic with impaired vision, speech, and other impairments. Johnson brought suit against Kokemoor for failing to properly obtain her informed consent to the operation. After a trial, a jury found in favor of Johnson. Kokemoor appealed arguing that the trial court erred in admitting physician-specific evidence including Kokemoor’s failure to inform Johnson of his lack of experience in performing the operation, Kokemoor’s failure to properly compare morbidity and mortality rates among experienced and inexperienced surgeons, and Kokemoor’s failure to refer Johnson to more experienced surgeons. The court of appeals reversed and Johnson appealed.
Rule of Law
Holding and Reasoning (Abrahamson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 582,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 582,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 32,100 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.