BARTHOLOMEW v. PATIENTS COMP. FUND

No. 2004AP2592.

717 N.W.2d 216 (2006)

2006 WI 91

Robert W. BARTHOLOMEW, Individually and as Special Administrator of the Estate of Helen Bartholomew, Plaintiff-Appellant-Petitioner, v. WISCONSIN PATIENTS COMPENSATION FUND AND COMPCARE HEALTH SERVICES INSURANCE CORPORATION, Defendants-Respondents, Prakash Shah, M.D. and The Medical Protective Company, Defendants.

Supreme Court of Wisconsin.

Decided July 7, 2006.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner, there were briefs by Timothy J. Aiken, James C. Gallanis, and Aiken & Scoptur, S.C., Milwaukee; Paul Gagliardi and Gagliardi, O'Brien, Olson & Capelli, Salem, and oral argument by Timothy J. Aiken.

For the defendant-respondent Wisconsin Patients Compensation Fund, there was a brief by Steven P. Means, Roisin H. Bell, Michael A. Hughes, and Michael Best & Friedrich LLP, Madison, and oral argument by Steven P. Means.

An amicus curiae brief was filed by William C. Gleisner, III and Law Offices of William C. Gleisner III, Milwaukee; Lora A. Kaelber and Gray & End LLP, Milwaukee; Linda Meagher and Habush Habush & Rottier SC, Milwaukee on behalf of the Wisconsin Academy of Trial Lawyers.


¶ 1 SHIRLEY S. ABRAHAMSON, C.J.

This is a review of a decision of the court of appeals summarily affirming the judgment and order of the circuit court for Kenosha County, Wilbur W. Warren III, Judge.1 This lawsuit arose because Helen Bartholomew died as a result of medical malpractice, leaving her husband, Robert Bartholomew, surviving. The plaintiff is Robert Bartholomew individually and as special administrator of the Estate of...

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