Appeals Court Revives Malpractice Lawsuit in Wisconsin

June 25, 2009

A Wisconsin appeals court has revived an elderly woman’s lawsuit accusing a St. Croix Falls surgeon of medical malpractice and negligence in her hip surgery.

The 3rd District Court of Appeals has ruled that a Polk County judge erred in dismissing Marlene Petzel’s lawsuit against Dr. Mark Wikenheiser and Valley Orthopedics of St. Croix Falls.

The three-judge panel says there’s a factual dispute in the case and a jury should sort out the evidence.

Court records say the 65-year-old Petzel had hip replacement surgery in 2003, but she claims a nerve in her knee was wrongly damaged and it caused partial paralysis of her foot.

Court records say experts in the suit disagreed whether the injury occurred at the knee due to positioning or trauma, or at the hip which was the site of the surgery.

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