Patient Rights at Stake

Date: January 23, 2023
Host: Jim Schneider
​Guest: Karen Mueller
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Back on December 13th, the guest on this Crosstalk was interviewed about a critical case before the Wisconsin Supreme Court dealing with patient rights.  The case is Allen Gahl v. Aurora Healthcare, Inc.  

Questions in this case remain.  What authority does a medical power of attorney hold?  What are patients rights when a hospital refuses a standard of care that the patient or his representative requests?  

Returning to Crosstalk to discuss this case was Karen Mueller.  Karen is the founder & general counsel for Amos Center for Justice and Liberty.  She’s the lead attorney in this case representing Allen Gahl.

Allen Gahl is the nephew of, and medical power of attorney for, John Zingsheim.  John became the focus of this case in October of 2021.  He was admitted to Aurora Summit Hospital in Waukesha County where he was diagnosed with COVID.  He wanted to be given Ivermectin, so Allen began requesting that from the hospital, however, they refused.  

In a two day conference hearing with lawyers, a judge decided that John had a right to get Ivermectin as long as it was an outside doctor that the family found that could be credentialed, enter the hospital, and administer the Ivermectin.

Before the order could be fulfilled, the appellate court intervened and stayed the order on the granting of the Ivermectin.  

Oral arguments in this case were presented before the Wisconsin Supreme Court a week ago.  These arguments were not about what treatment is best for COVID-19.  Instead, Karen argues that this case is about the health care power of attorney and the rights that the legislature had given to Wisconsin citizens.     

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