Voight v. Aetna Casualty & Surety Co.

The complaint alleges that on April 5, 1972, defendant-Dr. Frederick Gaenslen performed surgery at Columbia Hospital in Milwaukee to remove what he had diagnosed as a “tumor” near plaintiff’s right hip. During surgery, Dr. Gaenslen broke a fragment from a bone. He then stapled the fragment back to the bone and completed the operation without removing the “tumor.”

Subsequently, the bone fragment and staple separated from the bone, causing the plaintiff great pain. In November, 1972, she consulted defendant — Dr. Harvey Barash of Madison. Dr. Barash surgically removed the loose bone fragment and…