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[T] Prissel v. Physicians Insurance Co. of Wisconsin12/23/2003
. In this appeal we consider whether the trial court erroneously bifurcated claims of medical malpractice and informed consent violations against a physician from claims of negligent credentialing against a hospital and clinic. We further examine whether the trial court erroneously excluded evidence of the physician's previous surgery practice and directed a verdict dismissing the informed consent claim. In addition, we address whether a new trial is warranted in the interest of justice. Because the record supports the trial court's rulings, we affirm the judgment.
I. BACKGROUND
. This action arises out of the heart surgery and postoperative care provided to Willard Prissel. On September 20, 1997, Willard, age seventy, arrived at the hospital emergency room suffering a severe heart attack. Willard had experienced earlier episodes of chest pain but had not sought treatment. In addition, Willard suffered from chronic obstructive pulmonary disease. Until this most recent heart attack, Willard had smoked between one-half and one pack of cigarettes a day for the past fifty-five years. From the emergency room, Willard was admitted to the hospital's critical care unit and, during the following week, a number of diagnostic procedures took place.
. An angiogram revealed massive coronary artery disease. An angioplasty failed to open Willard's severely blocked arteries. Willard's cardiologist, Dr. Patrick Hughes, inserted an intra-aortic balloon pump. Willard's condition was so grave the family was advised he might not leave the hospital alive.
. Nonetheless, it is undisputed that following evaluation, Willard's doctors agreed that bypass surgery was a reasonable choice. While the bypass surgery was not an emergency, Prissel's own medical experts who testified at trial acknowledged that it was "urgent" and the surgery should be done "the sooner the better." After discussion with the doctors, Willard and his family agreed.
. Dr. M. Terry McEnany was the staff surgeon who performed Willard's bypass. Following a pre-operative consultation, McEnany noted that he discussed with Willard and his wife the "various therapeutic alternatives, the risks, gains, and alternatives of surgical therapy." McEnany stated that Willard was "fully aware of what the significance of his subendocardial infarction and the severe three vessel coronary disease implies and wishes to proceed with operation." Willard executed a standard consent form to proceed with coronary artery bypass grafting. There is no dispute that McEnany was an experienced cardiovascular surgeon.
. McEnany performed Willard's bypass surgery on the morning of September 26, 1997, with the assistance of a physician's assistant. McEnany completed four bypasses. The surgery was described as uncomplicated. However, Willard's recent massive heart attack and the fact that he stopped smoking just five days before the surgery, took aspirin within ten days of the surgery and suffered chronic obstructive pulmonary disease placed him at a somewhat greater risk than had these factors not been present. According to McEnany and Dr. Henrick Barner, a vascular and cardiac surgeon, the surgical mortality risk for a patient with Willard's history was in the 10% to 15% range. Other medical expert witnesses placed the risk at 2% to 3%. At any rate, the surgery itself was uneventful and medical notes following surgery documented improved heart function.
. After the surgery, around 12:40 p.m., Willard was returned to the critical care unit and by all accounts was doing well. Hughes testified that the operation "had gone well" and that Willard came through "in very good shape." Hughes stated he was "favorab
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