Trogun v. Fruchtman

Three issues are raised on this appeal. They are:

1. Did the trial court properly nonsuit plaintiff-appellant?

2. Did the trial court err in not applying the doctrine of res ipsa?

3. Did the trial court err in holding:(a) That plaintiff-appellant failed to establish a prima facie case of assault based upon the defendant’s failure to adequately inform him of the potential side effects of the drug INH ?(b) That the doctrine of informed consent in Wisconsin does not arise from a fiduciary obligation on the part of the physician?

Nonsuit of plaintiff.

Appellant asserts that he established a prima…