Jennifer Pophal v. Dr. W. James Siverhus

GARTZKE, P.J. Jennifer Pophal and Joanne Hansen appeal from a judgment dismissing their medical malpractice complaint against
Drs. Siverhus and Andringa, Dean Medical Center, St. Mary's Hospital Medical Center and the Wisconsin Patients Compensation
Fund. We conclude that the plaintiffs' failure to move for a mistrial has not cost them their right to appellate review. The
plaintiffs contend that the trial court abused its discretion when it (a) excluded evidence of the opinions and diagnoses
of treating physicians who did not testify; (b) excluded opinions of physicians who did not testify but were employed by two
defendants; (c) prevented medical experts from testifying that they based their opinions partly on the opinions of treating
physicians who did not testify; (d) failed to exclude a nurse's note appearing in the medical record; (e) quashed a subpoena;
(f) refused to order the defendants to supplement their answers to interrogatories; (g) allowed a medical expert to testify
to a statement by a non-testifying physician; (h) refused to allow cross-examination of an expert regarding his possible bias;
and (i) prevented plaintiffs from presenting rebuttal evidence. We find no error other than that claimed in contention (g),
and that error was harmless. We therefore affirm. A. Background On June 28, 1980, four weeks past her expected due date, Jennifer was born to Joanne at St. Mary's Hospital
in Madison, Wisconsin. Dr. Siverhus was the obstetrician. Jennifer was delivered by a non-emergency caesarian section. She
could not breathe on delivery without resuscitation. Dr. Andringa, a pediatrician, resuscitated her. She has cerebral palsy
and brain damage.