Jandre v. Wisconsin Injured Patients & Families Compensation Fund

¶ 202. {concurring). This case has important ramifications for the practice of medicine in Wisconsin. The facts are not difficult to understand, but the "duties" that arise from those facts (and the way those duties are analyzed and stated) present critical policy questions for the court and society. I concur in the decision to affirm the court of appeals and the circuit court, but I am unable to join the lead opinion.

BACKGROUND

¶ 203. On June 13, 2003, Thomas W Jandre (Jandre), then 48, was working as a heavy equipment operator for a construction/excavation company. On his way to a job site,…