Charlie May Brekke v. Midwest Medical Ins. Co.

Summary

The court held that an unborn child receiving prenatal and delivery-related medical care is a patient under Wisconsin's informed-consent statute. The physician therefore owed a duty to inform the surrogate mother about reasonable treatment alternatives and their risks and benefits as to both the mother and child, and the child, having been born alive, may independently pursue an informed-consent claim. The court reversed the partial summary judgment and remanded for further proceedings.