Nowatske v. Osterloh
Wisconsin Supreme Court
198 Wis. 2d 419, 543 N.W.2d 265 (1996)
- Written by Craig Conway, LLM
Facts
After experiencing blurred vision in his right eye, Kim Nowatske (plaintiff) was referred to Dr. Mark Osterloh (defendant), a retina specialist who diagnosed Nowatske as having a retinal detachment and recommended a surgical procedure to correct the problem. On the morning following surgery, Dr. Osterloh performed an examination of Nowatske’s eye to assess the success of the procedure. The parties disputed whether Osterloh measured the internal pressure of the eye, known as an IOP. Several days later, Nowatske was seen by Dr. Osterloh for another follow-up appointment. At that time, Dr. Osterloh informed Nowatske that he would be permanently blinded in his right eye. Nowatske, and his wife Julie, filed suit against Dr. Osterloh claiming that the doctor’s negligent treatment, including the physician’s failure to perform the IOP, caused him to lose his eyesight. At trial, both parties presented expert testimony favorable to each side’s position. At the close of the evidence, the trial court read for the jury, over Nowatske’s objection, three paragraphs from the standard jury instruction pertaining to medical malpractice. The first paragraph noted, in part, that Dr. Osterloh was required to use the “degree of care, skill, and judgment” usually exercised in the same or similar circumstances by the average specialist who was in a practice similar to Dr. Osterloh. The second and third paragraphs noted, in part, that a physician must use reasonable care and that a physician can be found negligent for failing to exercise the required care, skill, and judgment in administering the method chosen, respectively. The jury found for Dr. Osterloh. The trial court dismissed Nowatske’s complaint. Nowatske appealed.
Rule of Law
Issue
Holding and Reasoning (Abrahamson, J.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.