Krenz v. Medical Protective Co.
Wisconsin Supreme Court
1Opinion of the CourtHallows, C. J.
Two issues are raised on this appeal: (1) Whether a release for personal injuries which barred a claim for medical malpractice could be amended by the parties thereto to reserve to the releasors their claim for malpractice against Dr. Sievers; and (2) whether the amended release which did not contain a reservation-of-rights clause released Dr. Sievers.
The original release was in such a form that by operation of law it had the effect of including the cause of action for malpractice. When this was realized, the Krenzes set about obtaining an amendment to the release. This took the form of a new…
2Cases cited28 opinions
- McMillen v. KlingensmithTexas Supreme Court · 1971
- Milks v. McIverNew York Court of Appeals · 1934
- Ash v. MortensenCalifornia Supreme Court · 1944
- Couillard v. Charles T. Miller Hospital, Inc.Supreme Court of Minnesota · 1958
- Derby v. PrewittNew York Court of Appeals · 1962
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