Nowatske v. Osterloh
Wisconsin Supreme Court
543 N.W.2d 265 (1996)
After Dr. Osterloh performed retinal detachment surgery on Nowatske, a dispute arose over whether Osterloh properly measured post-surgical eye pressure before Nowatske was later informed he would be permanently blind in that eye; Nowatske objected to jury instructions defining the standard of care by reference to customary practice among similar specialists, arguing this could enshrine outdated or unreasonable practices, but the jury found for Osterloh.
Whether, in a medical malpractice action, a defendant physician's conduct is compared to that of a physician of reasonable care, skill, and judgment in the same or similar practice having due regard for the state of medical science at the time of the defendant's alleged negligent conduct.