Court of Appeals Upholds Jury’s Finding of No Negligence

On December 5, 2012, the Wisconsin Court of Appeals affirmed a jury’s finding that a physician’s failure to obtain informed consent (regarding a breast tissue biopsy) was not a substantial factor in causing injury to the plaintiff and a jury’s finding that the physician was not negligent in performing the biopsy. Even though the plaintiff did not file post-verdict motions with respect to the physician, she claimed that she was appealing the jury’s findings. Yet, in a footnote, the Court of Appeals recognized that the plaintiff did not challenge the verdict in favor of the physician; it therefore affirmed the dismissal of the physician. Lori Gendelman tried the case on behalf of the physician. Jason J. Franckowiak represented the physician in the Court of Appeals.