Willkomm v. Soriano

In this medical malpractice case, the appellants, the deceased patient's husband and the special administrator of the estate of the deceased patient, raise five issues, none of which has merit. The issues are: (1)whether the evidence supports the jury's finding that Dr. Romeo Soriano obtained informed consent from Janis Willkomm, the patient; (2) whether the evidence supports the jury's finding that Dr. Soriano was not negligent or causally negligent; (3) whether the circuit court erred in excluding evidence that Dr.Soriano had not passed the board certification examination; (4) whether the circuit court erred in striking portions of the testimony of a doctor who attended Janis after Dr. Soriano had operated on her; and (5) whether the circuit court erred in excluding portions of testimony from the doctor who referred Janis to Dr.Soriano. We will address each issue in turn after a brief account of the facts.

2. Janis Willkomm, age seventy-six, went to see her family physician, Dr. Robert Stader, about abdominal pain in February of 1998. Dr. Stader discovered an abdominal mass and a biopsy confirmed colon cancer. Dr. Stader referred Janis to an oncologist. Both Dr. Stader and the oncologist then referred her to Dr. Soriano, a general surgeon, to remove the tumor in her colon. Prior to surgery, Dr. Soriano discussed the risks of the operation with Janis and her husband. Neither Dr. Soriano nor Mr. Willkomm remembers the specific risks Dr.Soriano explained. Dr. Soriano did advise Janis that she could have the surgery performed at a major medical facility, but she chose to have it performed in Lancaster, Wisconsin. Dr. Soriano did not tell Janis that he was not board-certified or that he had failed the certification examination three times.

3. Dr. Soriano operated on March 2, assisted by Dr. Stader. Dr.Soriano found that the tumor was larger than he had thought and that it had adhered to Janis's vaginal, pelvic, and sacral areas. Dr. Soriano removed the tumor. Janis was later transferred to University Hospital in Madison due to incessant bleeding. There was conflicting evidence as to when the decision was made to send Janis to Madison. At Madison, Janis underwent several surgeries, all attempting to control her bleeding. She died on March 22, 1998.

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¶21. The Willkomms waived this issue by not raising it in their motions after verdict. Ford Motor Co., 137 Wis. 2d at 417. If we were to address the merits, we would agree with the circuit court's conclusion. Dr. Stader is a family practitioner. He is not qualified to render an expert opinion on the standard of care for a surgeon. The Willkomms should not be able to get that opinion in through the back door by introducing testimony that Dr. Stader no longer refers as many patients to Dr. Soriano. The circuit court was correct in its ruling.

By the Court. Judgment affirmed for the Defendant.

"_new">Dr. Meyers, Wisconsin.

"_new">Dr. Hauser, Wisconsin.

C.L.