State of Wisconsin/Circuit Court/Dane County
Medical Malpractice
Jury Trial

In a one-week medical negligence trial, defense counsel, including Mark Budzinski and Adam Fitzpatrick, secured a verdict in favor of an orthopedic surgeon. Plaintiff claimed that the surgeon's failure to diagnosis a wrist fracture resulted in the plaintiff's eventual tendon rupture and subsequent surgical repairs. Defendants contended that the assessment of plaintiff's presenting condition met the standard of care and the treatment plan carried out was appropriate based on the signs and symptoms observed. This case spanned several years, involved extensive discovery, and required numerous pre-trial hearings and motions including over 20 motions in limine. However, the issues of standard of care, causation, and damages remained contested at trial. After a short deliberation, the jury found no negligence on the part of the defendant physician.