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Johnson v. Misericordia Community Hospital

Court of Appeals of Wisconsin
294 N.W.2d 501 (Ct. App. 1980)


Facts

Johnson (plaintiff) sued Misericordia Community Hospital (Misericordia) (defendant) for negligence in hiring Dr. Salinsky and allowing him to perform surgery on Johnson’s hip. Johnson sought to introduce evidence that brought Dr. Salinsky’s professional competence into question. Included in this evidence were another hospital’s records indicating restrictions imposed on Dr. Salinsky’s practice and a suspension of his privilege, a third hospital’s records indicating that it refused to allow Dr. Salinsky on its staff, and testimony of another doctor who had heard physicians state that Dr. Salinsky was incompetent as a surgeon. The trial court allowed admission of this evidence. Misericordia appealed.

Rule of Law

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Issue

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Holding and Reasoning

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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