SmartBrief
0
Confirm favorite deletion?
Torts keyed to Best
Nowatske v. Osterloh
Citation:
198 Wis. 2d 419, 543 N.W.2d 265 (1996)Facts
Kim Nowatske went to Dr. Mark Osterloh for treatment of a detached retina. After a surgery to treat Nowatske’s retina, Osterloh performed a follow-up exam on Nowatske. At the follow-up exam, the parties disputed whether Osterloh completed an IOP (internal eye pressure) measurement on Nowatske. In particular, Osterloh claimed that he used the “puff” IOP test on Nowatske, in which the specialist blows air into the subject’s eye and observes the result. Following the exam, Nowatske had blurry vision, but assumed that this was a normal part of recovery from the surgery. After several days, Nowatske went blind in his affected eye. The parties disagreed on the cause of Nowatske’s blindness.
Nowatske sued Osterloh for his injuries. At trial, the jury was instructed under the standard medical malpractice jury instructions, which stated that Osterloh may only be found negligent if he failed to provide the reasonable care of an “average” physician in the same medical subspecialty. The jury found that Osterloh was not negligent, and the trial court dismissed the case. Nowatske appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
Topic Videos 
3m 43s
8m 27sTopic Outline 
Topic Refresher Course 