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Montalvo v. Borkovec

Court of Appeals of Wisconsin
647 N.W.2d 413 (2003)


Facts

Nancy Montalvo (plaintiff) was brought to St. Mary’s Hospital of Milwaukee (the hospital) during pre-term labor. The premature labor could not be delayed via medical intervention by Montalvo’s treating physicians. The parents-to-be, Montalvo, and Brian Vila (plaintiff) executed a document giving informed consent to a cesarean-section operation to deliver the baby. Dr. Terre Borkovec performed the procedure and, after the birth, handed the infant to Dr. Brent Arnold, a neonatologist, who performed resuscitation and other life-saving measures on the infant. Nearly three years later, Montalvo, Vila, and their son Emmanuel, by and through a guardian ad litem (plaintiff), filed suit against the hospital, Dr. Arnold, Dr. Borkovec, and others (defendants), alleging that the defendants had violated the state’s informed-consent statute by failing to sufficiently inform the plaintiffs of the risk of disability that could result from premature birth by cesarean section. Specifically, the plaintiffs claimed that the defendants failed to adequately advise the plaintiffs of the potential negative consequences to a child born at 23 weeks to 24 weeks and weighing less than 750 grams. The parties agreed to dismiss Dr. Borkovec from the suit. The trial court dismissed the plaintiffs’ complaint. The plaintiffs appealed.

Rule of Law

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Issue

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Holding and Reasoning (Wedemeyer, J.)

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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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