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Nowatske v. Osterloh
''Nowatske v. Osterloh'', 198 Wis.2d 419, 543 N.W.2d 265 (Wis. 1996), ''on remand'', 201 Wis.2d 497, 549 N.W.2d 256 (Wis. App. 1996), is a case relating to the law of medical malpractice in Wisconsin.
==Factual background and procedural history==
The plaintiff,〔Actually, there were two plaintiffs: Kim Nowatske and his wife Julie. In the state supreme court opinion, only Kim Nowatske, the patient, is referred to as the “plaintiff.”〕 Kim Nowatske underwent retinal reattachment surgery in his right eye in 1989.〔''Nowatske v. Osterloh'', 198 Wis.2d 419, 426, 543 N.W.2d 265 (Wis. 1996); ''Nowatske v. Osterloh'', 201 Wis.2d 497, 502, 549 N.W.2d 256 (Wis. App. 1996)〕 After the surgery, Nowatske could not see out of the eye in question. During routine post-operative testing, defendant surgeon used his finger (instead of a tonometer) to measure the pressure inside Nowatske's eye and, noting a normal “back-off” response to light, did not specifically ask the patient whether he could see in his right eye or not.〔''Nowatske v. Osterloh'', 198 Wis.2d 419, 426, 543 N.W.2d 265 (Wis. 1996)〕
The patient thought the inability to see was a normal consequence of the surgery. After the patient was discharged, he experienced severe pain; the surgeon, learning that the patient did not receive the pain medication prescribed, called in a prescription to a local pharmacy without inquiring further of the patient regarding the pain. The next day, Nowatske was examined by the surgeon and learned that the blindness in the right eye was permanent. In 1991, he and his wife sued the surgeon, and the case went to trial. A jury determined that the surgeon was not negligent,〔''Nowatske v. Osterloh'', 201 Wis.2d 497, 501; 549 N.W.2d 256 (Wis. App. 1996)〕 and the plaintiff appealed.
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