Fehrman and Wife v. Smirl

This is a medical malpractice case. The case was previously appealed to this court from the initial trial. We remanded the case for a new trial on the issue of liability only. Fehrman v. Smirl (1963), 20 Wis. 2d 1, 121 N.W.2d 255, 122 N.W.2d 439. The facts which were developed at the first trial are set out in detail in the original opinion and will not be restated. The evidence at the second trial was essentially the same with three principal exceptions: (1) There was more emphasis at the second trial as to the prior disease which Mr. Fehrman was suffering from at the time he consulted and was treated by Dr. Smirl. (2) At the second trial, the medical testimony on behalf of the plaintiffs relative to the negligence of the defendant was more direct. (3) There were no admissions by Dr. Smirl at the second trial to the effect that he was in charge of the patient during the second operation, which was performed by Dr. McDonnell.