Hageny v. Bodensteiner

¶ 1. The Estate of Thomas Hageny, and his widow, Phyllis, (collectively, Mrs. Hageny) appeal a judgment dismissing their medical malpractice claims against Dr. Joseph Bodensteiner and related insurers. Mrs. Hageny argues the circuit court erred by deciding as a matter of law not to submit the issue of informed consent to the jury. We disagree and affirm.

Background

¶ 2. Thomas Hageny died in a hospital recovery room following surgery by Dr. Bodensteiner to remove Hageny's gallbladder. Bodensteiner was aware of Hageny's medical history. Hageny had a long history of severe cardiovascular disease,…