Maluka v. Tucker

On its own behalf and on behalf of Glen M. Tucker, D.D.S., M.D. (Dr. Tucker), the Wisconsin Patients Compensation Fund (WPCF) appeals from an order granting Bonnie J. and Robert C. Maluka (the Malukas) a new trial on their claim of medical malpractice. WPCF asserts on this appeal that the trial court abused its discretion in granting the Malukas a new trial and in not remanding to the Wisconsin Patients Compensation Panel issues never addressed by the panel at the first hearing. Because the trial court did not abuse its discretion in ordering a new trial, we affirm that portion of its order;…